Delhi HC Halts AIIMS Nurses’ Strike, Orders Conciliation

#Full Legal Update: Delhi HC Restrains Delhi AIIMS Nurses' Union From Continually Striking

In a relief to Delhi AIIMS hospital, the Delhi High Court has prohibited the "continuous strike" by the Delhi AIIMS Nurses' Union with immediate effect. The Court, in its order, observed that the nurses' strike, which has been ongoing for over two months, has severely impacted the functioning of the hospital and has directly jeopardized the health and lives of patients.

The Court was petitioned by the All India Institute of Medical Sciences (AIIMS) seeking a permanent injunction against the nurses' union's indefinite strike, claiming that it is illegal, and a blatant violation of the Industrial Disputes Act and even the agitators' Service Rules. AIIMS also argued that the strike is causing an "irreparable loss and injury to a large number of patients, most of whom belong to the economically weaker sections and are unable to afford private healthcare."

On analysis of the submissions made before it, the High Court stated that it was "of the view that the continuance of the ongoing strike by the respondent No.3 herein (Nurses' Union) would result in jeopardizing the essential services of medical and healthcare facility of AIIMS, leading to great hardship to persons in need of medical assistance."

Delhi High Court heard an urgent matter concerning a writ petition filed by AIIMS, seeking an end to the ongoing strike by the Nurses' Union. The hospital contended that the nurses' strike is illegal, imposed without following mandatory processes, and that it has jeopardized essential services amid the Covid-19 pandemic.

While rendering its verdict, the Court was inclined to consider the substance of the nurses' demands, who argued for an increase in their wages and fill-up of vacancies at the hospital alongside other demands. However, the Court clarified that it is not adjudicating upon the contentions, and is restricted to verifying if the strike is legal.

Another important aspect addressed by the Court was the enormous challenge posed by the ongoing strike amid the Covid-19 pandemic. The High Court observed that the healthcare system is already under severe stress from the pandemic, and any strike by one of the significant stakeholders in the healthcare system further aggravates the situation.

Moreover, given the fact that healthcare workers have been classified as "frontline Covid Warriors," the Court considered a strike by them particularly troublesome. Taking note of these factors, the High Court granted the AIIMS' prayer for a permanent injunction, prohibiting the nurses' strike indefinitely.

In its order, the Court also instructed the AIIMS Director & Medical Superintendent, "to ensure that the conciliation proceedings before the Central Government Industrial Tribunal-cum-Industrial Court (CGIT) are concluded at the earliest and suitable decision is taken to resolve the ongoing tussle between the Petitioner and the Respondent No.3."

The injunction order also granted liberty to AIIMS to initiate separate remedial proceedings under the Contempt of Courts Act, 1971, in case the nurses continue with their strike irrespective of the Court's order.

This order was rendered after Justice Rekha Palli heard an urgent matter concerning a writ petition filed by AGMC, who had moved the Delhi High Court through an advocate, Maneesh Kumar, seeking an injunction order against the striking nurses.

In the Petition filed before the Delhi High Court, AIIMS has sought an injunction against the nurses' strike, stating that it is "contrary to law and an “unabated” unauthorized industrial action. It offered a three-pronged argument, contending that the strike has been initiated without following the mandatory processes, is against Service Rules, and that it has created an emergency-like situation during the pandemic.

One of the main arguments raised before the High Court were the hospital's patient-care concerns, and how the strikers' demands would adversely impact the hospital's functioning as "3500 posts of Nurses are already lying vacant, and AIIMS is already struggling to run the services at its full capacity." Moreover, AIIMS has claimed that it has enough patients without the prevailing strike.

According to the AIIMS' petitioner counsels, Shylaja Vijayan and Vivek Kumar Singh, AIIMS had declared the strike illegal on March 3, 2021, and asked its employees to report to duty, but the protesting nurses "resorted to a different epistolary mode of protest," which included "banners, posters, display of