High Court prohibits PGI staff from going on strike

The Punjab and Haryana High Court has restrained employees of the Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh, from going on a strike during the ongoing conciliation proceedings regarding their employment dispute.

“This court directs as an interim measure that the employees of petitioner-PGIMER of any category — regular or contractual — are restrained by a writ of prohibition from proceeding on strike during pendency of the conciliation proceedings before the conciliation officer- Deputy Chief Labour Commissioner,” the Bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal asserted.

As the matter came up for resumed hearing, Additional Solicitor-General of India Satya Pal Jain placed before the Bench detailed minutes of a meeting attended by officials from the Ministry of Health and Family Welfare, the Ministry of Labour and Employment and PGIMER representatives on November 5.

The minutes made it clear that the meeting addressed the continuation of the exemption granted to the PGIMER from the Ministry’s 2014 notification, which abolished contract labour in certain services, including sanitation, security, and catering. The exemption was extended multiple times, with the latest extension having expired on January 12 this year. The PGIMER also submitted that the institute would raise a request for grant of further exemption from the notification dated December 12, 2014, on the grounds of emergent need of engaging staff.

“It is also informed and has not been disputed by any of the rival parties that the dispute between the employees and the PGI is pending conciliation before the conciliation officer and the rival parties are participating in the proceeding,” the Bench observed.

Considering the previous deliberations in the matter and recognising the significance of the petitioner-institute, which served not only the patients of UT Chandigarh, but also from the neighbouring states of Jammu & Kashmir, Himachal Pradesh, Punjab, Haryana, Rajasthan, and Uttar Pradesh, the court, as an interim measure, issued the restraining order.

The Bench also directed the conciliation officer to conclude the proceedings as early as possible, preferably within two months. “In case the conciliation officer decides the dispute against the petitioner-institute, then keeping in view pendency of the matter before this court, none of the employees of the petitioner, of any category whether they belong to any union/association or not, shall proceed on strike without the permission of the court,” the Bench concluded.