The Kerala High Court has urged the State government to explore the possibility of declaring nursing services as an essential service in view of the ongoing strike by private hospital nurses across the State, observing that uninterrupted healthcare services are of paramount importance to the public.
The single-judge Bench of Justice P Gopinath made these observations while hearing a batch of petitions concerning the indefinite strike called by the United Nurses Association (UNA). The Court orally remarked that the government could not remain a passive spectator when crucial healthcare services were disrupted due to industrial action.
The petitions were filed by the Kerala Private Hospital Association (KPHA), which sought directions to the State government to invoke the Essential Services Maintenance Act (ESMA) and the Kerala Essential Services Maintenance Act (KESMA) to prohibit strikes affecting hospital operations. According to the petitioners, the agitation had adversely affected the functioning of private hospitals, resulting in delays in surgeries and disruption of patient care.
During the hearing, the Bench questioned the State government on whether nursing services could be formally notified as essential services under the existing legal framework. The Court observed that nursing care forms the backbone of the healthcare system and that any interruption in such services directly impacts patients’ right to timely medical treatment.
The strike was launched by the UNA demanding revision of minimum wages and improved service conditions for nurses working in private hospitals. While recognising the nurses’ right to raise legitimate employment-related grievances, the Court stressed that industrial action in the healthcare sector must be balanced against larger public interest considerations.
The High Court had earlier directed the State government and police authorities to ensure the smooth functioning of hospitals and prevent any obstruction or intimidation near hospital premises.
The matter remains pending as discussions are underway regarding possible government intervention and mediation between hospital managements and the nurses’ association.
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