‘Govt must step in to ensure essential services not hit’: HC on private hospital nurses’ strike

The Kerala High Court on Tuesday orally observed that the state government must intervene to ensure that essential services in private hospitals are not disrupted by the ongoing nurses' strike.

Justice P Gopinath was hearing a batch of petitions, including a plea by the Kerala Private Hospital Association seeking intervention in the indefinite strike called by the Kerala United Nurses Association (KUNA).

The court said that once it is found that the strike is affecting day-to-day operations in an essential service, it becomes the government's duty to act. It added that patients should not suffer and essential surgeries should not be postponed, especially when statutory proceedings on minimum wage fixation are pending.

Justice Gopinath later recused himself from the case, stating that he had previously appeared for the association and one of the hospital groups involved. The matter has been posted for hearing on April 1.

Earlier, on March 10, a coordinate bench had directed that free and unobstructed access to hospitals be ensured at all times, and that no blockade, intimidation or interference be permitted on or near hospital premises. The State and the police were also directed to ensure that staff willing to work could do so without obstruction.

The hospital association subsequently filed contempt pleas alleging violation of the order, including an incident at Pushpagiri Hospital in Thiruvalla on March 11, where protesting nurses allegedly entered the premises, raised slogans and disrupted operations.

Similar allegations of obstruction were reported at multiple hospitals across the state, including in Sasthamcotta, Kannur, Wayanad, Alathur, Angamaly, Kochi and Kozhikode.

Efforts to resolve the dispute through mediation at the High Court Mediation Centre have failed.
(With LiveLaw inputs)