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Stating that “pendency of any service dispute cannot become cause for an employee to abstain from work in a hospital”, the Punjab and Haryana Wednesday stayed the call of strike made by the contractual and outsourced employees of PGIMER on September 16, 2024, and gave a free hand to PGIMER and Chandigarh Administration to take all permissible coercive steps, available in law, against the employees who are abstaining from work. Acting promptly, the PGIMER authorities appealed to the workers to comply with the court order and join duty. They also notified the service providers accordingly. In a statement issued Wednesday, the official spokesperson of the institute said that the PGI will implement the High Court’s order letter and spirit in its entirety. After the court’s order, several meetings of union heads were held with workers, and according to a union leader, so far, they have decided not to withdraw the strike and are willing to go to jail. “ Abhi nahin to kabhi nahin (if we give up now, we will never get our dues),” he said. However, the Association of Resident Doctors (ARD), PGI, which had announced a relay hunger strike and stopping elective OPDs from October 15 onwards in support of residents in West Bengal who are on hunger strike unto death fighting for the demands of justice to Abhaya and improving workplace safety, safeguarding health care professionals, Wednesday said that given the ongoing strike by contractual workers and after consideration of the suggestions provided by resident doctors, National Resident Doctors’ Associations (RDAs) and administration, the residents have decided to rejoin their duties. “Our primary concern is to avoid causing any inconvenience to the public, especially during this critical time. While we have temporarily decided to hold our strike till further notice, we will be monitoring how other RDAs and institutions, particularly in Delhi, respond to the situation. We will take further action accordingly, and keep the administration informed of any developments in this regard. We believe that resuming our duties at this point is in the best interest of public welfare and the HA, SA protest. We hope for continued dialogue to address the concerns raised by the medical community. We strongly urge that our strong support and solidarity continue to be with our colleagues, and we pray for good health for the protesting residents,” said Dr Hariharan A, president, ARD, PGI. As many as 3,500 hospital attendants, sanitary attendants, and bearers of PGI have been on strike for a week, impacting patient services at the institute, with OPD services limited to follow-up patient registrations, and new patient registrations and online appointments suspended, and elective admissions and surgeries postponed. Emergency, trauma, and ICU services have remained operational. In the High Court, PGIMER counsel Avinit Avasthi submitted that the hospital attendants, sanitation and house-keeping workers who are outsourced employees working in the PGIMER, but under the direct employment of contractors, have been abstaining from work since October 10, 2024, as a result of which, the entire administration and functioning of the PGIMER, which is one of the premier medical institutes of this country, has been disrupted. The hygiene and sanitation of the institute-hospital has been put to peril. For the Chandigarh Administration, senior standing counsel, Amit Jhanji, with Advocate Abhinav Sood, while referring to the provisions of East Punjab Essential Services Maintenance Act, 1947 (Act of 1947) submitted that the penal provisions of the Act of 1947 can very well be enforced, as was done earlier on January 4, 1968. On this, the division bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, “We find no reason as to why UT, Chandigarh Administration, cannot invoke the rigours of the 1947 Act for maintaining and facilitating the hospital services in PGIMER.” Ashwani Kumar Munjal, chairman, Joint Action Committee of PGI Contract Workers Union, who appeared in person said that there are certain service disputes of the outsourced employees which is hospital attendants, sanitation and house-keeping workers, which have neither been redressed by the contractor nor by the PGIMER. The bench, however, asserted, “Be that as it may, the pendency of any service dispute cannot become cause for an employee to abstain from work in a hospital, which is an essential service.” The bench thus directed that “the Chandigarh Administration and the PGIMER are free to take all permissible coercive steps, available in law, against the employees, who are abstaining from work…The PGIMER is also free to take all coercive steps in terms of the agreement between it and the contractor”. “For the time being, the striking hospital attendants, sanitation and house-keeping workers are directed to immediately return to work, failing which PGIMER and UT administration are free to take coercive steps against them, including action under the Act of 1947”, ordered the HC. “In the meantime, call of strike made by the employees vide notice dated September 16, 2024, shall remain stayed, till the next date of hearing”, ordered the HC. None
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