'Nurses Strike Illegal, Unfair Labour Practice': Kerala Private Hospital Association Tells High Court

The Kerala Private Hospitals Association on Monday (April 06) told the High Court that the strike undertaken by the nurses association in the State was illegal for being violative of the provisions of the Industrial Relations Code, 2020 and amounted to an unfair labour practice.Justice M.A. Abdul Hakhim was considering a batch of petitions, including a plea preferred by the Kerala Private Hospital Association and pleas by certain private hospital seeking intervention to address the indefinite strike called in the State by the members of the Kerala United Nurses Association (UNA).The Court heard detailed arguments advanced by Senior Advocate Huzefa Aziz Ahmadi instructed by Advocate K. Anand on behalf of the Kerala Private Hospital Association, which had also initiated contempt proceedings against the UNA and some of its representatives for violating the Court's order restricting the nurses body from interrupting hospital services.A coordinate bench had passed the 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.While hearing the case yesterday, Justice Hakhim had orally asked the hospital association if there was any violence resorted to by the nurses body. In reply, it was told that there is a complete boycott of services, which are in the nature of essential services, that led to disruption of proper patient care."If they are indulging in peaceful agitation, how can this Court prevent?," the Court then orally inquired.The petitioner's counsel replied that the strike itself was illegal as under Section 63 since it was conducted without proper notice as mandated under Section 62 of the Code. He told the Court that the nurses went on strike without the 14-day notice period. It was also pointed out that the strike was called while conciliation proceedings were pending and therefore, amounted to violation of the Code.Further, it was contended that the strike amounted to unfair labour practice as provided under Section 84 and Schedule II of the Code since the UNA had advise / actively supported / instigated an illegal strike deemed.Next, the counsel referred to the Essential Services Maintenance Act [ESMA] and argued that medical services come within clause (xvii) of Section 2(a) that lays down the definition of 'essential services'. According to him, since the services rendered by nurses was essential since the strikes undertaken by them would prejudicially affect the maintenance of any public utility service, the public safety or the maintenance of supplies and services necessary for the life of the community or would result in the infliction of grave hardship on the community.He contended that the State should exercise the powers under the ESMA to declare that hospital services are essential services. He then appraised the Court of the factual situation in the hospitals wherein services were reduced to a fraction of its capacity due to the strike. Next, another counsel appearing for one of the private hospital began his arguments.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. Thereafter, the Mediator had filed a report stating that the mediation has failed.Noting the same, the Court had orally questioned the counsel: "As on today, there is no mediation. Only conciliation alone is there? If you are not cooperating with the conciliation, that is a ground for denying relief...At one stage you say that conciliation is pending, and at another stage you say that you will not participate...It appears that you want to continue the conciliation forever."The counsel replied in the negative and continued his argument, which was not clearly audible. After hearing him for sometime, the Court posted the matter to Tuesday (April 7) for further hearing. The Kerala Private Hospital Association is represented by Advocates K. Anand, Mathews Raju, R.K. Jayalakshmi.Case No: WP(C) No. 8176 of 2026 and connected casesCase Title: Kerala Private Hospital Association v. State of Kerala and Ors. and connected cases

'Nurses Strike Illegal, Unfair Labour Practice': Kerala Private Hospital Association Tells High Court

K. Salma Jennath

Tags