Madras HC holds nurses' strike prima facie illegal

The managements of the Kanchi Kamokoti Childs Trust Hospital and SRM Institute for Medical Sciences had submitted that the nurses were continuing their strike "illegally" from October 11.

The nurses were demanding implementation of the recommendations of a committee formed by the Centre proposing minimum wages of Rs.20,000.

The managements submitted that the strike was contrary to the "advice and law" of the Joint Commissioner of Labour at Chennai, and sought a direction to restrain the nurses from continuing their strike.

The nurses are members of Global Nurses Association of Tamil Nadu (GNAT).

In his order yesterday, Justice T. Raja said when poor injured patients are fighting for their life in these hospitals, the staff nurses, who are GNAT members, cannot be "oblivious to the serious consequences of their strike."

If the members of the association are not prohibited from going on strike, the precious life of the patients would be put to irreparable loss and injury, the court said.

Justice Raja said in the present case, conciliation proceedings were also pending relating to the issue for which strike notice had been given.

Therefore during pendency of conciliation proceedings the prohibition contained in clause (d) of the sub-section (1) of section 22 of the Industrial Disputes Act has come into operation right from the date of notice issued by the conciliation officer on October 11, the judge said.

"Therefore the strike being reported by the members of the association is prima facie illegal," the judge added.