Kerala High Court asks why nursing is not declared ‘essential service’

The Kerala High Court has orally asked why services rendered by nurses are not declared as an “essential service”.

The court issued notices to the Secretary, State Council for Clinical Establishments; Secretary, Health and Family Welfare Department; and the Jubilee Mission Hospital, Thrissur, in a petition filed by the Kerala State United Nurses’ Association, challenging the appointment of unregistered persons as nurses in Jubilee Mission Hospital and Amala Institute of Medical Sciences, Thrissur, during an ongoing strike by qualified nurses. The association contended that such appointments are in violation of the law under Kerala Nurses and Midwives Act, 1953 and the Kerala Clinical Establishment (Registration and Regulation) Act.

The court orally remarked that it is not justifying the action of the hospital or the association, and that certain categories of services such as doctors, nurses, lawyers cannot go on strike. While suggesting that nurses go on strikes after their working hours, the court sought the State government’s stance on the matter of nursing as an essential service.

The petitioner then asserted that only the petitioner association is on strike and there are other nurses who are available. It added that one-third of the staff are working in essential units.

The staff nurses in the two hospitals had gone on strike in March, demanding fair wages. After attempts at mediation failed, the court issued an interim order stating that the hospitals could take disciplinary proceedings against the nurses on strike, but the nurses’ association would be entitled to continue with their protests.