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.