Kerala HC lifts restraint on nurses' strike, allows disciplinary action by hospitals
The court held that the petitioner, representing hospital management, is free to proceed in accordance with the law, including initiating appropriate disciplinary action against nurses participating in the strike.
The court held that the petitioner, representing hospital management, is free to proceed in accordance with the law, including initiating appropriate disciplinary action against nurses participating in the strike.
The court held that the petitioner, representing hospital management, is free to proceed in accordance with the law, including initiating appropriate disciplinary action against nurses participating in the strike.
The Kerala High Court on Friday modified its interim order dated March 13, 2026, lifting restrictions imposed on both the nurses’ association and private hospital management in their ongoing dispute.
Justice Harisankar V Menon passed the order, revising earlier directions that had asked the Kerala United Nurses Association (KUNA) to defer its proposed strike and ensure that members did not abstain from work or engage in any form of protest until March 19, as the court had initiated mediation between the parties.
On March 19, the mediator submitted an interim report stating that discussions were in progress and adjourned to March 23, seeking more time to complete the process. A subsequent report, however, confirmed that the mediation had failed.
During later proceedings, counsel for the petitioner informed the court that strike actions had continued in at least two hospitals despite efforts to ensure compliance, with some instances involving active obstruction.
Counsel for the nurses’ association argued that any modification to the earlier order should also remove the restraint on the union, allowing nurses to lawfully resume their strike.
The Court observed: “On a consideration of the rival submission, the direction noticed above was issued, noticing that the nurse's association would not continue with the strike. This Court also notices that though an attempted deviation was undertaken and the same has to be ...”
The court held that the petitioner, representing hospital management, is free to proceed in accordance with the law, including initiating appropriate disciplinary action against nurses participating in the strike.
“Accordingly, paragraph 4 of the order dated 13.03.2026 stands lifted,” the Court ordered.
At the same time, the court clarified that the respondent union is also entitled to continue its strike, if it chooses, subject to applicable legal provisions, as the restriction in the earlier order has been set aside.
(With LiveLaw inputs)