TRAINED NURSES ASSOCIATION OF INDIA Vs. UNION OF INDIA & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Writ Petition (Civil), 527 of 2011, Judgment Date: Jan 29, 2016

                                                                  REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                    CIVIL ORIGINAL JURISDICTION


                WRIT PETITION (C) NO.527 OF 2011


TRAINED NURSES ASSOCIATION OF INDIA                        ... PETITIONER(S)

                                 VS.

UNION OF INDIA & ORS.                                      ... RESPONDENT(S)



                      J U D G M E N T


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]
New Delhi;
29th January, 2016.