Kerala HC allows hospitals to take disciplinary action against striking nurses
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Kochi: The Kerala High Court on Friday permitted private hospital managements to initiate disciplinary proceedings against nurses participating in an ongoing strike, after mediation efforts between the two sides failed.
Justice Harisankar V. Menon observed that while private managements are now free to proceed with action in accordance with the law, the nurses’ association is equally entitled to continue its strike.
The court had earlier, on March 13, directed both parties to engage in mediation to resolve a statewide pay dispute that has disrupted healthcare services, while also urging them to avoid actions that could escalate tensions.
However, on Friday, the court was informed that nurses affiliated with the association were still on strike in at least two hospitals. It noted that the earlier directive was issued with the understanding that the strike would not continue during the mediation process.
“Though an attempt at mediation was undertaken, it has failed. Therefore, prima facie, the petitioners (private hospital managements) are justified in seeking permission to proceed in accordance with law by taking appropriate disciplinary action,” the court observed.
It further stated that the restriction imposed in its March 13 order would stand lifted. “On this basis, this court is also of the opinion that the respondent union would be entitled to continue the strike, if they are so advised,” the order added.
The ruling came on a batch of petitions filed by private hospitals and their association concerning the ongoing strike by nurses.
Nurses affiliated with the United Nurses Association began an indefinite statewide strike on March 11, demanding that the basic monthly salary in private hospitals be raised to ₹40,000. The strike has affected operations in several private hospitals, as many nurses have stayed away from work in support of the protest.
With PTI inputs