AIIMS Nurses' Strike- "They Rendered Yeoman's Service To Society/Patients During COVID-19": Delhi HC Directs AIIMS Not To Take Coercive Action Against Them

The Bench of Justice Prathiba M. Singh also directed that the conciliation proceedings should continue under the ID Act (to consider the grievance of AIIMS Nurses Union) and the same be decided expeditiously (in any case within a period of three months).

Facts in brief

A plea was filed by the All-India Institute Of Medical Sciences (AIIMS) against the AIIMS Nurses Union challenging the notice issued by the Union for going on an indefinite strike w.e.f. 16^th December, 2020.

The Nurses Union had raised various demands and issues with the Petitioner (AIIMS) which, according to it, were not addressed. Hence, the notice for a strike was given.

Vide its order dated 15^th December 2020, the Delhi High Court had restrained the AIIMS Nurses Union from continuing with its indefinite strike, until further orders, noting that their grievances were already under consideration.

Court's observations

At the outset, regarding the role of the nurses, the Court observed,

"Their service has been selfless and prone to enormous risk for their own self and their families. Their necessity during the pandemic was indispensable. The order restraining them from going on strike is in fact a recognition of their importance to the patients and to the working of the hospital."

Further, the Court also remarked,

"In view of the role that nurses play, their grievances, if any, ought to be considered and redressed in a timely and expedient manner. The Nurses have some long pending grievances. Both sides ought to be reasonable and not take extreme positions while attempting redressal."

Lastly, taking into account that the matter is presently pending before the Conciliation Officer under the Industrial Disputes Act, 1947 ("ID" Act), the petition was disposed of with the following directions:

• The AIIMS Nurses Union assures this Court that they will not resort to a strike without following the procedure as prescribed under the ID Act. The Union, all its members, and nurses shall be bound by this statement.
• Subject to the said assurance given above being honored by the Nurses Union, it is directed that the AIIMS shall not take coercive steps against the Petitioner for the Nurses having gone on strike under the impugned notice dated 16th December, 2020.
• Once the conciliation proceedings conclude, if there is no resolution, both parties are left to avail of their remedies in accordance with law.

The petition was disposed of in these terms and all pending applications were also disposed of.

The demand of the Nurses' Union

Around 5,000 AIIMS nurses have been raising a number of demands before the AIIMS Administration, including lack of clarity of their salary structure under the Sixth Pay Commission.

Further, their other demands are related to the pension scheme, cadre restructuring, qualification pay and modifications in the job description, among others.

As per a report of the Indian Express, in a letter to the Director of AIIMS dated November 13, the nurses had cited 23 unresolved demands.

Foremost among them is the demand to address the Sixth Pay Commission anomaly with respect to their salaries.

They have stated in their letter that their salary was fixed at Rs 18,460 per month but they receive Rs 17,140 only.

In related news, the Kerala High Court has issued notice to the Kerala State Government, the State Director of the National Health Mission, and the Malappuram District Programme Manager of Aarogyakeralam, Malappuram Medical College, and the Indian Nursing Council upon a legal challenge to an order prescribing that the monthly salary of staff nurses be confined to the number of days worked in a month.

Case title - All India Institute Of Medical Sciences v. AIIMS Nurses Union [W.P.(C) 10445/2020 & CM APPLs. 33046/2020 & 7449/2021]

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