Kerala HC intervenes to end nurses’ strike, refers wage dispute to mediation on Mar 17

Kochi: With the ongoing nurses’ strike affecting the functioning of private hospitals, the Kerala High Court recently suggested mediation to resolve the dispute between private hospital managements and the nurses’ association over wages and service conditions. The court also asked the nurses to defer the strike till March 19.

Justice Mohammed Nias CP directed the Kerala Private Hospital Association, the Kerala United Nurses Association, the Kerala Private Medical College Management Association and other parties involved in the case to appear before the mediator at the Kerala State Mediation and Conciliation Centre attached to the High Court at 11 am on March 17, 2026, without any further notice.

“having regard to the nature of the dispute, which essentially pertains to the question of wages/service conditions between the hospital managements and the members of the Nurses Association, I am of the view that an attempt must be made to explore the possibility of an amicable resolution. In that view of the matter, it is considered appropriate to refer the parties to the Mediation Centre attached to this Court for facilitating and negotiating a settlement,” the Court observed.

The court was hearing a petition filed by the Kerala Private Hospital Association seeking intervention over the indefinite statewide strike launched by members of the Kerala United Nurses Association.

The association had sought directions to the state government and authorities to take action under the Essential Services Maintenance Act, 1968 and the Kerala Essential Services Maintenance Act, 1994. It also requested the court to declare the continuation of the indefinite strike illegal and in violation of the Industrial Relations Code, 2020.

Additionally, the hospital body sought police protection for its member hospitals to ensure their smooth functioning and asked the court to direct the State Police Chief to prevent demonstrations within 200 metres of hospital gates.

During the hearing, the nurses’ association informed the court that wage-related issues had been resolved with most hospitals under the Kerala Private Hospital Association, except for 28 of the 960 hospitals. Upon reviewing this submission, the court found the matter suitable for mediation.

The court then asked the nurses’ association to defer the strike until March 19 and directed both sides to avoid actions that could escalate the situation.

“In order to create a conducive atmosphere for a meaningful mediation, the Nurses Association is directed to defer the strike and ensure that its members do not abstain from work and engage in any form of strike or obstruction until 19.03.2026. The Hospital Management shall also participate in the mediation process in good faith with a view to arriving at an equitable resolution of the dispute. Both sides shall refrain from doing any act which may aggravate or perpetuate the existing differences between them.”

The court also highlighted the crucial role of nurses in the healthcare system, noting that prolonged disputes between hospital management and nursing staff could affect hospital operations and cause hardship to patients and the public.

“Needless to say, the Nurses constitute an indispensable and integral component of the healthcare delivery system in any hospital. Any prolonged dispute between the Hospital Managements and Nursing Staff inevitably affects the functioning of the hospitals and, in turn, places patients and members of the public who seek medical assistance in considerable hardship. Both sides would therefore do well to approach the mediation proceedings in a spirit of responsibility and accommodation, bearing in mind the larger public interest involved in the uninterrupted functioning of the Healthcare Institutions.”

The mediator has been asked to submit a report on or before March 19, which is also the next date of the hearing.

The petition has been filed by advocates K Anand, Mathews Raju and RK Jayalakshmi.

(With Live Law inputs)