Punjab and Haryana High Court issues blanket order against any strike at PGIMER

Source: indianexpress.com

The Punjab and Haryana High Court on Tuesday restrained various employee associations, including the contract workers and resident doctors, from proceeding on any strike or disrupting the functioning of the PGIMER Chandigarh in any manner while ordering a stay on a notice issued by the PGI Contract Workers Union for strike. The contract workers, including sanitation staff, are demanding equal pay for equal work and regularisation.

A division bench of Chief Justice Krishna Murari and Justice Arun Palli also ordered the DGP and SSP of Chandigarh to ensure strict compliance with the Chandigarh Administration’s assurance that adequate police force will be posted at the PGI to control the situation and any striking member of the union will “be dealt with by the police force in accordance with the law” in case they prohibit or interfere in the performance of duties by other staff or smooth functioning of the institute.

The PGI earlier informed the court that all the major and minor surgeries were postponed on Tuesday on account of the strike called by the union on Monday and Tuesday. The court was also told the members of the union are not only protesting but are also stopping the other willing workers from performing their duties which is hampering the functioning of the institute.

“This is a very serious matter as it directly affects the public health, and the closure of the emergency services of the institute/hospital may result in a major tragedy,” read the order passed by the bench after the hearing.

There was no one representation from the unions in the case as no notice was issued to them on Monday, when the case came up for hearing the first time. On Tuesday, while issuing a restraint order, the division bench said, “in the meantime, we issue notice to all the respondents” and adjourned the matter for further hearing on September 25.

The order was passed in a PIL filed by a Panchkula resident on Monday for restraining the Safai Karamchari Contract Workers Union from going on the strike and also for declaring the chain hunger strike of Joint Committee of Hospital Attendants and Sanitary Attendants as illegal. The court was told the strike is in violation of the provisions of the East Punjab Essential Services (Maintenance) Act, 1947. The strike had been called for Monday and Tuesday, as per the plea.

In the petition, various instances of protests held by other unions at the PGI were also highlighted. “…in PGIMER, it became the tendency of all categories of employees to resort to strike if the PGIMER administration failed to fulfil their demands,” said the plea.