Kerala High Court
Lourde Hospital vs State Of Kerala on 28 May, 2012
Author: C.K. Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALAATERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
WEDNESDAY,THE 7TH DAYOF AUGUST 2013/16TH SRAVANA, 1935
WP(C).No. 13883 of 2013 (I)
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PETITIONERS :
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1. LOURDE HOSPITAL
TALIPARAMBA, TALIPARAMBATALUK
KANNUR DISTRICT KERALA - 670 141 REPRESENTED BY ITS MANAGING
DIRECTOR AND ADMINISTRATOR
DR.JOSEPH BENAVEN.
2. ASHIRVAD HOSPITAL
THAVAKKARA, KANNUR-670 002
REPRESENTED BY ITS GENERAL MANAGER C.P.ALIKUNHI
3. DHANALAKSHMI HOSPITAL PVT.LTD.
KANNOTHUMCHAL ROAD
KANNUR-670 002 REPRESENTED BY ITS MANAGING DIRECTOR
DR.C.M.DHANANJAYAN
BY SR.ADV.SRI.E.K.NANDAKUMAR
ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH MENON
SRI.P.BENNY THOMAS
SRI.K.JOHN MATHAI
RESPONDENTS :
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARYTO GOVERNMENT
LABOUR & REHABILITATION DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2. INDIAN NURSES ASSOCIATION
HEAD OFFICE AT2ND FLOOR, CHIRAYATHUBUILDING
Y.M.C.A.JN., THIRUVALLA
PATHANAMTHITTA - 689 101 REPRESENTED BY ITS SECRETARY.
R BY GOVERNMENT PLEADER SRI.EGY.N.ELIAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07-08-2013, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
AV
WP(C).No. 13883 of 2013 (I)
APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 - TRUE COPY OF THE GO (RT) NO.799/2012/LBR THIRUVANANTHAPURAM
DATED 28-5-2012 CONSTITUTING THE INDUSTRIAL RELATIONS COMMITTEE
EXT.P2 - TRUE COPY OF THE ORDER DATED 19-10-2012 IN WPC.NO.24621/2012
EXT.P3 - TRUE COPY OF THE SETTLEMENT ENTERED INTO BETWEEN THE 4
HOSPITAL MANAGEMENTS AND THE UNIONS INCLUDING THE 2ND
RESPONDENT DATED19-11-2012
EXT.P4 - TRUE COPY OF THE GOVERNMENT ORDER DATED 19-11-2012
CONSTITUTING THE COMMITTEE
EXT.P5 - TRUE COPY OF THE MINUTES OF THE MEETING DATED 29-1-2013
SIGNED BY HON'BLE MINISTER FOR LABOUR & REHABILITATION
EXT.P6 - TRUE COPY OF THE LETTER DATED 04-02-2013 ISSUED BY THE
QUALIFIED PRIVATE MEDICAL PRACTITIONERS, AND HOSPITALS' ASSOCIATION
- KERALA
EXT.P7 - TRUE COPY OF THE COMMUNICATION DATED11-3-2013 ADDRESSED BY
CANNANORE DISTRICT PRIVATEHOSPITALAND MEDICAL SHOP EMPLOYEES
UNION (CITU) TO THE 1ST PETITIONER.
RESPONDENTS' EXHIBITS : NIL
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/TRUE COPY/
P.ATO JUDGE
AV
C.K. ABDUL REHIM, J.
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W.P.(C). No. 13883 of 2013
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Dated this the 7th day of August, 2013
JUDGMENT
The petitioners are private hospitals functioning in the State. Relief sought for in this writ petition is for a direction to the State Government to ensure implementation of "8 hours 3 shift timings" in the petitioner's hospitals. Such a relief is sought for on the backdrop that the petitioners have entered into settlement with the trade unions representing nurses working in their hospitals, agreeing to pay Rs.250/- towards night duty allowance until the State Government prescribes stipulations with respect to the timings of shifts and the rate of wages payable. It is stated that, the Government vide Ext.P1 had constituted an 'Industrial Relations Committee' under chairmanship of the Labour Commissioner to study on the question of shift timings and other matters with respect to private hospitals and to submit a report to the Government. According to the petitioners they have entered into agreements with the W.P.(C). No. 13883 of 2013 -2- unions promising payment of night duty allowance on the expectation that the Government will take a decision on the basis of the report of the Industrial Relations Committee constituted. Since the Government have not taken any decision pursuant to Ext.P1, this writ petition is filed.
2. Petitioners, being managements of private hospitals cannot compel the Government in any manner to take decision implementing '8 hour 3 shifts system' in private hospitals. Ext.P1 decision constituting the Industrial Relations Committee was taken on the background that there were constant agitations in various private hospitals within the State, from the side of trade unions representing Nurses. However, learned Government Pleader, on the basis of instructions received, submitted that, the committee constituted under Ext.P1 is yet to submit its report to the Government. It is further mentioned that the Government may require some more time to take a decision on the basis of such report which is yet to be furnished.
W.P.(C). No. 13883 of 2013 -3-
3. Under the above mentioned circumstances, no specific direction can be issued in this writ petition. However, it will be desirable on the part of the Government to take a decision at the earliest possible, considering the agitation prevailed in the sector of employees.
The writ petition is disposed of with the above observation.
Sd/-
C.K. ABDUL REHIM, JUDGE /True copy/ P. A. to Judge Pn