KOCHI: The Kerala High Court on Friday directed the United Nurses Association (UNA) to defer its strike demanding better working conditions until the conclusion of the mediation process on March 19. The court directed it to ensure its members do not abstain from work or engage in strike or obstruction until then. The order was issued while referring the dispute between UNA and private hospital managements in the state for mediation.
“To create a conducive atmosphere for meaningful mediation, the nurses association is directed to defer the strike and ensure that its members do not abstain from work or engage in any form of strike or obstruction until March 19. Hospital managements shall also participate in the mediation process in good faith with a view to arriving at an equitable resolution of the dispute. Both sides shall refrain from doing any act which may aggravate or perpetuate the existing differences between them,” Justice Mohammed Nias C P held.
The court issued the order on a petition filed by Lakeshore Hospital and Research Centre, Caritas Hospital, Sacred Heart Hospital, and others seeking a directive to restrain the UNA and its members from resorting to strike or any form of agitation in contravention of section 62 of the Industrial Relations Code, 2020. Senior advocate Benny P Thomas appeared for some of the petitioners.
When the petition came up for hearing, the counsel for the nurses association submitted that the wage issue had been settled with all but 28 of the 960 hospitals under the Kerala Private Hospital Association. However, this submission was opposed by the counsel for the managements.
Observing that the dispute essentially pertains to wages and service conditions between hospital managements and nurses, the judge said an attempt should be made to explore the possibility of an amicable resolution. “... I am of the view that an attempt must be made to explore the possibility of an amicable resolution. In that view of the matter, it is considered appropriate to refer the parties to the mediation centre attached to this court for facilitating and negotiating a settlement,” the court observed.
It further noted that nurses constitute an indispensable and integral component of the healthcare delivery system. Any prolonged dispute between hospital managements and nursing staff would inevitably affect the functioning of hospitals and place patients and members of the public seeking medical assistance under considerable hardship.
Both sides should therefore approach the mediation proceedings with a sense of responsibility and accommodation, keeping in mind the larger public interest involved in ensuring the uninterrupted functioning of healthcare institutions, the judge observed.
It directed representatives of the petitioner hospitals, the Kerala Private Medical College Managements’ Association, and the UNA to appear before the Kerala State Mediation and Conciliation Centre attached to the HC at 11am on March 17. The mediator has been directed to submit a report to the court on March 19.
The HC has asked representatives of petitioner hospitals (Lakeshore, Caritas Hospital & Sacred Heart), the Kerala Private Medical College Managements’ Association, and UNA to appear before the Kerala State Mediation and Conciliation Centre attached to the HC at 11am on March 17. The mediator has been asked to submit a report to the court on March 19.