High Court Restraints Protesting Outsourced Workers At PGI Chandigarh From Strike Disrupting Patient Care Services

The Punjab & Haryana High Court has directed the protesting outsourced workers of Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh to stop the on going strike.

The outsourced employees including sanitation workers have been demanding equal pay for equal work, health benefits, and other allowances. 

Chief Justice Sheel Nagu and Justice Anil Kshetarpal issued writ of mandamus restraining the protestors "forthwith" from strike and also restrained the Chairman PGI Contract Workers Union from entering the premises.

The plea filed by PGIMER through Senior Administrative Officer was taken after motioning for listing, seeking directions to stop the strike called by the Contract Workers of Union (Union) on July 26.

It was submitted that the services at the hospital have been disrupted because the outsourced workers of PGI are on strike and protestors have gathered in front of the auditorium where convocation is scheduled for tomorrow (August 10) and Chief Justice of India, DY Chandrachud has been invited.

"The call for strike/protest on the 08.08.2024 onwards is causing immense inconvenience to the public at large as the patients are being made to suffer on account of disruption in OPD and Emergency services as on a everyday basis thousands of patients visits PGIMER Institute and because of the ongoing strike/protest called by respondents...such patients are not being able to avail proper medical treatments. Due to the said action, the patient care activities are adversely affected in the Petitioner Institute providing health care services to almost 7 States," the plea stated.

PGI submitted that the Chairman of the Union is instigating the workers to strike and has changed the bye-laws of union in order to be a member of Employee Union even after retirement so that he may be able to interfere in the day to day working of the PGI.

It further submitted that employment under PGIMER are treated as Essential services as per the notification issued in 1968 issued by the Home Department, Chandigarh Administration, Therefore, the act of the unions, obstructing the smooth functioning of the Institute is illegal, arbitrary and against the provisions of The East Punjab Essential Services (Maintenance) Act, 1947.

ASG Satya Pal Jain appearing for the Union government assured the Court that all the genuine grievances of the workers will be addressed.

While deferring the hearing, the Court issued notice to the all respondents including the Workers Union and Chairman of the Union, except the Union of India and UT Chandigarh.

Story to be updated.

Title: Post Graduate Institute of Medical Education and Research, Chandigarh v. Union of India & Ors.

Avinath Avasthi advocate appeared for PGIEMR.

Amit Jhanji, Sr. Advocate for UT Chandigarh.

ASG Satya Pal Jain appeared for the Union Government.