Chandigarh: High court restrains PGIMER contractual employees from striking work

The Punjab and Haryana high court on Friday restrained the contractual and outsourced employees at PGIMER from continuing with their strike that began on Thursday.
The high court bench of chief justice Sheel Nagu and justice Anil Kshetarpal acted on the plea from PGIMER, seeking a restraint order against the strike.
“…contractual/outsourced employees of all categories are restrained from striking work forthwith and respondents (UT administration, others) are directed to ensure uninterrupted running of the patient care services at PGIMER,” the bench of chief justice ordered while hearing the public interest litigation (PIL) filed by the hospital and also restraining employee leader, Ashwani Kumar Munjal, from entering the PGIMER campus.
In the plea, the hospital had submitted that on the instigation of Munjal, chairman of the contractual employees’ Joint Action Committee (JAC), security guards, sanitary attendants, sanitary supervisors, hospital attendants and catering, etc., were abstaining from work since Thursday due to which OPDs, including in-house patient care services, were affected.
Members of the union have certain demands, which may be legitimate or not, but the course adopted by them cannot be appreciated, their counsel had told the court.
During the hearing, the counsel for Chandigarh as well as central government assured that the demands of the members of contractual employees union will be considered with all positivity.
“The abstinence of work by the aforesaid contractual employees has led to breakdown of the OPDs as well as in-house patient care at PGIMER, rendering thousands of patients unattended. It is also informed that hospital services are essential services as defined under the East Punjab Essential Services (Maintenance) Act, 1947,” the court observed while passing the restraint order and noting that earlier also on February 2, the court had restrained Munjal from entering the premises of the Institute.
However, the order was later modified by the Supreme Court. While staying strike by the employees on Friday, the high court issued a notice for August 28.
Over 4,000 contractual workers had commenced strike on Thursday, bringing several hospital operations to a standstill. They had put their strike on hold on Friday, giving the administration a day to work on their demands.
This was the fifth strike by different workers’ unions in less than two years since Dr Vivek Lal took over as the PGIMER director. After Dr Lal took charge, the first strike was on November 16, 2022, the second on January 20 this year, the third on April 3 and 4, the fourth on June 12 and fifth on Tuesday.
The key demands of workers include absorption/regularisation of contract labour, implementation of same and similar wage, medical facilities to contractual staff who are not covered under ESI, grant of bonus to contractual staff drawing wages more than ₹21,000 and round-the-clock canteen facility for contractual staff.
Following the strike on April 19, the Union ministry of health and family welfare had conveyed its approval for a ₹46-crore budget for the release of arrears of similar wages.
According to the JAC, PGIMER has not fulfilled its commitments made during previous negotiations. Workers claim that arrears amounting to ₹30-40 crore, covering various employee categories, have yet to be paid, with ₹28 crore specifically owed to hospital attendants and relievers since January 2024.
Previous high court interventions
February 5: The high court had stayed the February 7 strike notice given by various workers union of PGIMER following a plea from PGIMER
November 12, 2023: The high court had stayed a notice for mass casual leave for November 14 by PGI Medical Technologists Union. Besides, mass casual leave, some non-faculty unions, other than technologists’ union, had threatened to go on indefinite hunger from November 14, if their demands are not met.
Similarly, the court also restrained unions from proceeding on strike in August 2019, March 2020 and March 2022.
Police lodge FIR against workers for protesting without permission
Chandigarh Police lodged an FIR against the contractual workers for holding a protest on the PGIMER premises without proper authorisation.
On Thursday, more than 4000 contractual workers under the banner of Joint Action Committee (JAC), comprising sanitation workers, security guards, hospital attendants, and other categories, had staged a protest against the hospital administration, disrupting patient services.
The workers were demanding wage regularisation, improved medical facilities and other benefits that have been pending for months, despite ongoing conciliation proceedings.
The protest, which took place near Research Block A, led to the registration of a case under Section 223 of the Bharatiya Nyaya Sanhita (BNS) at the Sector 11 police station.
On Thursday, sub-inspector Sumer Singh and constable Deepak, while on routine patrolling duty near Research Block A at PGIMER, observed a large gathering of contract-based workers from various unions. The workers were staging a protest against the PGIMER administration to voice their demands.
Singh approached the protesters and informed them that organising such a protest within the premises of PGIMER without prior permission was against the law. Despite repeated warnings and requests to disperse, the protesters continued their demonstration, defying the orders.
Given the non-compliance with the instructions, police registered a case against the protesting employees under Section 223 of the BNS for violating the district magistrate’s order, dated June 28, 2024. The FIR was formally lodged following the complaint made by SI Sumer.
Workers call off strike ahead of CJI visit for PGIMER convocation today
Meanwhile, following a meeting with the district administration and police on Friday evening, the protesting workers called off their strike planned on Saturday.
As workers went back to work, registrations resumed at the OPDs. There were 9,185 registrations for OPDs till 4.30 pm, besides 126 Emergency OPD registrations and 196 admissions in the hospital.
Deputy commissioner Vinay Partap Singh and SSP Kanwardeep Kaur had invited representatives of PGIMER management and contractual workers’ JAC for a meeting at 2.15 pm on Friday, which was postponed to 4.15 pm.
Singh informed the JAC representatives that the protest at the institute cannot be allowed in view of the visit of Chief Justice of India at the PGIMER convocation on Saturday. They were requested to either cancel the protest or hold the protest at Rally Ground, Sector 25 after Saturday.
Following this, the call for the 24-hour strike on Saturday was withdrawn. The protest call was made by the JAC, comprising PGI Safai Karamchari Contract Workers’ Union, PGI Security Guard Contract Workers’ Union, PGI Hospital Attendant Contract Workers’ Union, PGI Mahila Contract Workers’ Union and PGI Electrical Contract Workers’ Union.