AIIMS Nurses Union Strike: Delhi High Court Asks Union To Submit Undertaking That Functioning Of Institute, Patient Services Shall Not Be Disrupted

In connection with the issue of strike by All India Institute of Medical Sciences (AIIMS) Nurses Union, the Delhi High Court has asked a responsible office bearer of the Union to submit an undertaking before the competent authority of AIIMS regarding good behaviour and conduct on behalf of all of its members and that the functioning of the Institute including extension of patient services shall not be disrupted in any manner.

The development came after a bench comprising of Justice Yashwant Varma was apprised today that pursuant to its yesterday's order, the members of the Union had rejoined their duties.

Yesterday, the Court had directed the Union to ensure that it's workers including nursing officers immediately rejoin work forthwith pending further orders passed in the matter.

The Court 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 Court has said that the aforementioned undertaking has to be furnished within a period of 48 hours from today.

The Court also noted that in respect of persons who were identified as being part of the incident which occurred on 22 April 2022 in the Institute, AIIMS had issued a chargesheet against two of those persons and one of whom had also been suspended.

The Court also took on board the statement of AIIMS counsel that presently no further punitive disciplinary measures were proposed to be taken against the other persons who were identified in that incident.

"The statement so made is recorded and accepted. It is clarified that notwithstanding the statement noted above, disciplinary proceedings that may have already been initiated shall be proceeded with in accordance with law," the Court said.

Additionally, the Court also took on board the statement made by AIIMS that a Committee shall be duly constituted with expedition to examine the grievances of the Nurses Union.

The matter will now be heard next on July 29.

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