AIIMS Nurses Union Strike: Delhi High Court Directs Workers Including Nursing Officers To Immediately Rejoin Work

In an urgent plea moved by All India Institute of Medical Sciences (AIIMS) over the strike by AIIMS Nurses Union, the Delhi High Court has directed the Union to ensure that it's workers including nursing officers immediately rejoin work forthwith pending further orders passed in the matter.

Justice Yashwant Varma was hearing the plea moved by AIIMS after the Nurses Union decided to go on an indefinite strike today demanding immediate revocation of suspension of AIIMS nursing officer Harish Kajla.

The plea has been moved through Advocate Satya Ranjan Swain.

The Court noted that the plea raised the alarming issue of nursing officers and other essential workers deputed in AIIMS going on strike in terms of a notice issued on 25 April, 2022.

At the outset, the Court was apprised by the counsel appearing for the petitioner AIIMS that in terms of the notice, the Nurses Union had refused to attend to their duties with effect from 26 April, 2022.

"This has resulted in the cancellation of various emergency operations and has seriously crippled functioning and working of centre of excellency i.e. AIIMS," the Court noted.

The Court also noted that while the rights of the Union to espouse causes of their members stands duly recognised, it must foremost bear in mind the deleterious impact that its call to strike would have on the working of the medical institution and the lives of the numerous patients who have already been admitted and await emergency surgery and care. 

"The Court has been apprised that the petitioner had to enlist MBBS students to assist its trained medical personnel in procedures which were performed today. The Court thus at this stage deems it appropriate to call upon the Union to require its members to resume duties bearing in mind the essential nature of the duties that they perform. The members of the Union must at this stage and pending further consideration by this Court of the grievances raised, place the interest of the patients above and beyond the disputes that stand raised," the Court said.

Noting that since the said action of the Nurses Union would cause grave prejudice and would also seriously impact working of medical institution, the Court directed the Union that it's workers rejoin work forthwith.

This petition will now be placed on the top of board tomorrow at 10:30 AM.

The plea states that the strike called by the Nurses Union is gravely against public interest and that it gravely prejudices the ability of AIIMS to cater and serve the patients.

"Because the Petitioner is an essential service under the Essential Service Maintenance Act, 1981. It · submitted that Under Section 2(1 )(a)(x) of the Act any hospital in a union territory under the control of the Government is meant to be an essential service. In this light AIIMS would qualify as discharging an essential service. That the Respondent are disrupting the services at AIIMS through their acts," the plea states.

It adds "Because the letter dated 25.04.2022, vide which strike has been called on 26.04.2022,is unsustainable, untenable, illegal and misconceived as no time is given to the management to even take a decision. Hence, the said letter dated 25.04.2022 is not a notice at all and is therefore in the teeth of the provisions of law."

Accordingly, the plea seeks quashing of the said letter and also a direction on Nurses Union and any staff of AIIMs to desist from resorting to strike or in any manner disrupting the general functioning of the institute and hospital. 

Case Title: ALL INDIA INSTITUTE OF MEDICAL SCIENCES v. AIIMS NURSES UNION