PGIMER Hospital Workers On Strike Must Immediately Return To Work Or Admin Would Be Free To Take Coercive Steps: Punjab & Haryana High Court

The Punjab & Haryana High Court on Wednesday directed the hospital workers of the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh to stop the ongoing strike and immediately return to work failing which the PGIMER and the Chandigarh UT administration will be free to take coercive steps.

The outsourced employees including sanitation workers of PGIMER are abstaining from work since October 10 and have been demanding equal pay for equal work, health benefits, and other allowances.

Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "The hospital attendants, sanitation and house-keeping workers, who are outsourced employees working in the Post Graduate Institute of Medical Education and Research, Chandigarh...but under the direct employment of Contractor...are abstaining from work since 10.10.2024, as a result of which, the entire administration and functioning of the PGIMER, which is one of the premier Medical Institutes of this country, has been disrupted. The hygiene and sanitation of the Institute-hospital has been put to peril."

The Court noted that the counsel representing UT Chandigarh Administration, while referring to the provisions of East Punjab Essential Services Maintenance Act, 1947 that the penal provisions of the Act of 1947 can very well be enforced, as was done earlier in 1968.

"We find no reason as to why UT, Chandigarh Administration, cannot invoke the rigours of the 1947 Act for maintaining and facilitating the hospital services in PGIMER," the bench added.

The bench also highlighted that "Be that as it may, the pendency of any service dispute cannot become the cause for an employee to abstain from work in a hospital, which is an essential service."

The UT, Chandigarh Administration, and the PGIMER are free to take all permissible coercive steps, available in law, against the employees, who are abstaining from work, it added.

While issuing notice on the PIL seeking directions to stop the strike called by the Contract Workers of Union, the Court listed the matter for November 04.

Mr. Avinit Avasthi, Advocate for the petitioner (through video conferencing)

Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Dheeraj Jain, Senior Panel Counsel for respondent no.1-UOI

Mr. Amit Jhanji, Senior Standing counsel with Mr. Abhinav Sood, Advocate

Ms. Eliza Gupta, Advocate and Ms. Mehndi Singhal, Advocate

Mr. Sayyam Garg, Advocate for UT, Chandigarh

Mr. Karan Singla, Advocate for respondent no.7

Title: POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH CHD VS UNION OF INDIA AND ORS

Click here to read/download the order