Kerala High Court Directs Nurses' Union To Defer Strike Till March 19, Refers Wage Dispute With Private Hospitals To Mediation

The Kerala High Court on Friday (March 13) suggested mediation at the High Court Mediation Centre to resolve the issues between private hospital management and the nurses association regarding wages, service conditions, etc.Justice Mohammed Nias C.P. directed the Kerala Private Hospital Association, the Kerala United Nurses Association, Kerala Private Medical College Management Association, and other parties in the plea to appear for mediation before the Mediator, Kerala State Mediation and Conciliation Centre, High Court of Kerala at 11.00 a.m. on 17.03.2026, without any further notice.“having regard to the nature of the dispute, which essentially pertains to the question of wages/service conditions between the hospital managements and the members of the Nurses Association, 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.The Court was considering a plea preferred by the Kerala Private Hospital Association seeking intervention to address the indefinite strike called in the State by the members of the Kerala United Nurses Association. It had sought for a direction to the State and the authorities concerned to take action under the Essential Services Maintenance Act, 1968 and the Kerala Essential Services Maintenance Act, 1994. Among the other prayers sought, one was to declare that the continuation of the indefinite State-wide strike was illegal and in violation of the Industrial Relations Code, 2020.The hospitals association further prayed for police protection to provide adequate police protection to its members to ensure smooth functioning of the hospitals and to direct the State Police Chief to ensure that there no demonstrations taking place within 200 metres from the gates of its hospitals.When the matter had come up, the Nurses Association told the Court that issues regarding wages has been settled with most of the private hospitals in the Kerala Private Hospital Association, except for 28 out of the 960 hospitals. After recording the submission, the Court opined that this was a fit case for referring to mediation.The Court then asked the Nurses Association to defer the strike until March 19 (Thursday) and the parties were also directed refrain from doing anything which would aggravate the situation:“In order to create a conducive atmosphere for a meaningful mediation, the Nurses Association is directed to defer the strike and ensure that its members do not abstain from work and engage in any form of strike or obstruction until 19.03.2026. The Hospital Management 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.”The Court further observed that the service rendered by nurses is indepensable and if there are prolonged disputes between nurses and hospitals, that would affect the entire healthcare system:“Needless to say, the Nurses constitute an indispensable and integral component of the healthcare delivery system in any hospital. Any prolonged dispute between the Hospital Managements and Nursing Staff inevitably affects the functioning of the hospitals and, in turn, places patients and members of the public who seek medical assistance in considerable hardship. Both sides would therefore do well to approach the mediation proceedings in a spirit of responsibility and accommodation, bearing in mind the larger public interest involved in the uninterrupted functioning of the Healthcare Institutions.”The Mediator was then requested to file a report on or before March 19. The next posting also falls on the same date.The petition is moved by Advocates K. Anand, Mathews Raju, R.K. Jayalakshmi.Case No: WP(C) No. 8176 of 2026Case Title: Kerala Private Hospital Association v. State of Kerala and Ors.Click to Read/Download Interim Order

Kerala High Court Directs Nurses' Union To Defer Strike Till March 19, Refers Wage Dispute With Private Hospitals To Mediation

K. Salma Jennath

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