Trained Nurses Association of India Vs. Union of India & Ors.
[Writ Petition (C) No.527 of 2011]
ANIL R. DAVE, J.
1. Heard the learned counsel for the petitioner-Association, the learned Additional Solicitor General appearing on behalf of the Union of India, the learned counsel appearing on behalf of Respondent No.37, i.e., Indian Nursing Council and other learned counsel appearing for different States.
2. The petitioner-Association has ventilated its grievance with regard to the working conditions of nurses in private hospitals and nursing homes. The prayers made in this petition read as under :
a. "issue guidelines for improving the working condition of nurses in hospitals/nursing homes;
b. direct all the respondents to adhere to the guidelines/rules framed by this Hon'ble Court till necessary legislation is made by the Parliament/State Legislative Assemblies;
c. issue necessary directions to ensure that nurses working in the private sector are paid salary equivalent to those working in Government hospitals;
d. issue necessary directions to the respondents to take appropriate action against hospitals/nursing homes insisting on bond from nurses working in their establishments;
e. issue a declaration that the bond system practiced by hospitals/nursing homes is unconstitutional and illegal;
f. issue appropriate directions to 1st respondent to frame necessary guidelines to improve working conditions of nurses in India;
g. pass any other/further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case to meet the ends of justice."
3. Upon hearing the learned counsel and going through the petition, we feel that the nurses who are working in private hospitals and nursing homes are not being treated fairly in the matter of their service conditions and pay.
4. We expect that the Central government will look into the grievances ventilated in this petition, by forming a Committee within four months from today. We are sure that after examining the factual situation, if the Committee is of the view that the grievances ventilated in the petition are correct, the Committee will make its recommendations, so as to do the needful for improvement of working conditions and pay of the nurses working in private hospitals and nursing homes within six months from its constitution, which can ultima 'tely be given a form of legislation by the respondent-States or by the Central Government itself.
5. We are sure that the recommendations of the Committee shall be duly considered by the Central Government and it shall do the needful.
6. We do not propose to give any guidelines, as prayed for in this petition, as the grievances are to be looked into by the Committee consisting of experts.
7. So far as the grievance, with regard to system of execution of bonds by private hospitals and nursing homes, is concerned, the learned counsel appearing on behalf of Indian Nursing Council has submitted that the said system has now been abolished. Therefore, the said grievance does not survive.
8. With the aforesaid directions, the writ petition stands disposed of.
..............J. [ANIL R. DAVE]
..............J. [SHIVA KIRTI SINGH]
..............J. [ADARSH KUMAR GOEL]
29th January, 2016.