HC restrains nurses from strike, forces them to return to the discussion table

Around 3,000 nurses of the All India Institute of Medical Sciences (AIIMS) were forced to call off their strike on Tuesday after the Delhi high court restrained

Around 3,000 nurses of the All India Institute of Medical Sciences (AIIMS) were forced to call off their strike on Tuesday after the Delhi high court restrained them continuing their protests and told them to resume work.

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The nurses are demanding a hike in salary based on an anomaly in the implementation of the sixth pay commission’s recommendations. The hospital and the Union health ministry both maintain that the interpretation by the AIIMS nurses is not correct.

On Tuesday, Justice Navin Chawla, while issuing notice to the nurses’ union on the plea of the hospital, said that the stay is being granted after the AIIMS had given an assurance to the court that it is looking into the grievances of the protesters.

“Keeping in view of the submissions and assurances made by AIIMS that it would look into the grievances of the respondents (nurses), this union is restrained from continuing the strike,” the court said.

As nearly 3,000 nurses went on the strike, AIIMS Delhi had decided to outsource the nursing services on a contractual basis. The decision was taken in a meeting attended by the chairman, director, deputy director and senior faculty of the AIIMS administration.

In its plea filed through advocate VSR Krishna, the AIIMS has contended that it is forced to move the court against the illegal strike declared by the AIIMS Nurses Union from December 14.

Appearing for the petitioner, the counsel said the strike was in violation of the Industrial Disputes Act. He said that the strike also violated an earlier order of the division bench prohibiting any sit-in protest or sloganeering on the AIIMS campus by employees.

He said the strike is not in public interest, while also stating that the strike is also “illegal” given the fact that the grievances of the nurses’ union are already under consideration by the AIIMS management. It said the AIIMS is discharging essential services and is also engaged in public utility services.

The plea said the strike called by the union is gravely against public interest as AIIMS is a premier institution where patients come from all over the country for treatment. It said such a strike gravely prejudices the ability of the nurses to cater and serve these patients.

It also said AIIMS is in the forefront of the battle against Covid-19 and is regularly treating Covid patients in addition to its general patient load. It also said no notice of six weeks was given to the institution by the union, before starting the strike which is a violation of the Industrial Disputes Act.

After the submissions of the petitioner counsel, the court restrained the nurses from continuing the strike and posted the matter for further hearing to January 18, 2021.

The nursing union, however, said they will challenge the high court order.

“We are planning to challenge the order and present the court with the details of our demand. That is the only way we have of resolving the issue,” said one of the executive members of the nursing union.