'Govt Must Step In To Ensure Essential Services Not Affected': Kerala High Court On Private Hospital Nurses' Strike

The Kerala High Court on Tuesday (March 31) orally remarked that the government must step in to ensure that essential services in private hospitals are not affected by the strike by the nurses.Justice P. Gopinath was considering a batch of petitions, including 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.When the matter came up today, the Court orally remarked:"Apart from the merits of the matter, once it is found that this strike is affecting the day-to-day operations, because it is an essential service, then, it is the bounden duty of the government to step in. At least when proceedings for fixation of minimum wages is undertaken by the government statutorily, pending that. Public should not suffer. Essential surgery should not be postponed. Government must do something," the Court orally remarked.The judge recused from hearing the matter stating that he had appeared for the association as well as for one of the major hospital groups arrayed in the case and posted it for consideration tomorrow (April 1). "These are bad times for judges. Tomorrow, if I deal with this, I am 100% sure. Yesterday, when I went home, I was thinking about this case and I thought it was better that I avoid it. Not because of anything else, because, at some point of time, I have appeared for this association and I have appeared one of the major hospital groups here. And, some other relationships are also there. So I don't want to, even give the slightest chance to this group to raise an allegation that I have other interests in the matter...I don't want to touch it...Once bitten, twice shy. I have personal experience of one case, where allegation was raised that I had appeared in some matter, which was connected, for one of the organisations. I have never even appeared, even once, in that case," Justice Gopinath orally said.On March 10, in WP(C) No. 9290 of 2026, a coordinate bench had passed an interim order directing to ensure that free and unobstructed access to the hospitals is maintained at all times and that no blockade, intimidation or interference of any nature is permitted at or near the hospital premises. The State and the State Police Chief were also directed to ensure that the nurses and other staff, who are willing to discharge their duties, are able to do so without any threat, coercion, obstruction or interference from the Nurses Association or its members or supporters.Subsequently, the hospitals association filed contempt applications alleging that the afore interim order was violated by the Nurses association in Pushpagiri Hospital in Thiruvalla on March 11 when the members of the union marched inside the hospital premises shouting slogans and carrying flags, disrupting the functioning of the hospital and creating an atmosphere of intimidation within the hospital."On 11.03.2026, morning they blocked the Head Nurses and other nurses who came for duty in front of the Mother and Child Ward gate and prevented them from entering the hospital for work while threatening them. The nurses who came for duty in the afternoon were also obstructed by the Respondent...and other members of the UNA....The said obstruction directly interfered with the functioning of the hospital and prevented nurses who were willing to discharge their duties from entering the hospital premises. Such actions posed an immediate and serious risk to the lives of around two hundred patients, including critically ill patients and children who were undergoing treatment in the hospital premises," states one of the contempt pleas.In the other two contempt pleas, it is stated that nurses association violated the interim order by causing obstructions at Aster PMF Hospital, Sasthamcotta, Aster MIMS Hospital, Kannur and Dr. Moopen's 83 Medical College, Wayanad, Crescent 79 Hospital, Alathur, Little Flower Hospital, Angamaly, Aster Medcity, Kochi, and Metromed International Cardiac Centre, Kozhikode.On March 13, the parties were referred for mediation at the High Court Mediation Centre to resolve the issues between private hospital management and the nurses association regarding wages, service conditions, etc. On March 19, the Mediator had filed an interim report stating that the mediation is going on and is adjourned to 23.03.2026, and some more time is required to complete the mediation process. Thereafter, the Mediator had filed a report stating that the mediation has failed.Case No: WP(C) No. 8176 of 2026 and connected mattersCase Title: Kerala Private Hospital Association v. State of Kerala and Ors. and connected matters

'Govt Must Step In To Ensure Essential Services Not Affected': Kerala High Court On Private Hospital Nurses' Strike

K. Salma Jennath

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