K. J. VAIDYA, J. ( 1 ) ON reading the newspaper report published in gujarat Samachar dated 16-4-1996, pertaining to the strike by some employees of the Civil Hospital, Ahmedabad, resulting into uncalled for hardships, inconveniences and miseries to the outdoor and in particular to indoor patients, surgical cases and their relatives/attendants in the Civil hospital, Ahemdabad, one of us (Corum : K. J. Vaidya, J.) in overall public interest taking a suo-motu notice of the same, had passed the following order: suo Motu Notice by mr. Justice K. j. Vaidya if "a" commits wrong against "b", can "c" be punished for the said wrong of "a" ?? This is precisely the reflection question that arises in my mind today on reading the news report published in "gujarat Samachar" dated 16-4-1996 (Annexure "a") pertaining to the strike by some employees of the Civil hospital, Ahmedabad resulting into untold hardships, inconveniences and miseries to the patients undergoing treatment and their relatives in the Civil hospital. 2. After reading the news report at Annexure "a", on directions given by me, mr. M. P. Shah, Special Officer (Vigilance) And Mr. P. C. Ganatra, Vigilance officer-II visited Civil Hospital have submitted their report. From the said report, the picture that emerges is : (i) Cleanliness cannot be maintained. (ii) No technical facility available as a result no diagnosis is possible, (iii) Cooking and Distribution of Diet is not possible, (iv) Transfer of patients from one Unit to another is not possible. (v) Lifts are not working, (vi) Post-Mortem work is held-up. (vii) Hospital has arranged to provide diet only to those patients who have relative in the City and/or to those who have nobody to lookafter. 2. 1 The latest position, as a result of strike, is depicted in todays news-report of "gujarat Samachar" (Annexure "b") from where it appears that cooking and distribution of food has come to total stand-still - placing the indoor patients in helpless situation !! This is just unthinkable inasmuch as agitator being on the wrong track will fast lose the sympathy of any sensible citizen. This is just unthinkable inasmuch as agitator being on the wrong track will fast lose the sympathy of any sensible citizen. 3 Without entering into the question whether concerned employees have a right, and accordingly, justified in going on strike or not, prima facie, one thing is quite certain that no person has ever any right, under any circumstances, to take away or disturb even the right of other citizens who are not directly or indirectly concerned with their grievances. Apart this, the concerned employees even otherwise would also agree that medical services in the hospital are essential services to the society and accordingly as a human being, irrespective of wages paid, one is supposed to help any other sick, ailing citizen. This is the ordinary, basic, indisputable culture of any civilized human being. Under the circumstances, if there is some genuine grievance against the Government and/or for that purpose with any organization or even an individual, let the battle of rights be fougth with the concerned opponents only. In this view of the clear logic and transparent truth of life, from where indeed the employees have drawn inspiration that they have indisputable right to take in ban the helpless hospitalized, sick and sufferings as the hostages to strike deal with the Government !! Is it not the high-time for every one of us. We, the people of this country to realize that when our country is surrounded by so many problems and passing througth serious crisis, it is the foremost duty of each and every sensible citizen to eschew any indiscreet act that may ultimately undermine and endanger the social interest, more particularly when the employees are paid from the public exchequer filled up with the money of honest taxpayers, whom they are bound to serve. 4. Nodoubt, citizen have certain rights but these rights are not absolute one. The Chariot of right is drawn and ran by two horses of "duty" and "responsibility". What is the "right" ??. !! It is nothing but the reward of the "duty" !! In fact, every ordinary civil right is a flower and fruit of the seed, namely, duty. Accordingly, in absence of duty, there is no justification of any right. The Chariot of right is drawn and ran by two horses of "duty" and "responsibility". What is the "right" ??. !! It is nothing but the reward of the "duty" !! In fact, every ordinary civil right is a flower and fruit of the seed, namely, duty. Accordingly, in absence of duty, there is no justification of any right. A person might have a right to brandish the sword but that right of brandishing can be permitted to the limited extent only that is to say, it injures none, a right to brandish a sword ends were the limb of other person is about to come in contact. In this view of the matter, prima facie, finding public servants denying their discharge of legal duties to be performed to the hospitalized citizen who has also a constitutional right to life and the better life, it would not be proper for this Court, as the Statutory functionary, to remain unconcerned with the problems of these patients. I, under the circumstances, earnestly request and appeal the concerned employees to resume their duty in the name of humanity by calling off their strike and get resolve their differences and arive at some solution where the interest of patients is not jeopardized. 5. In view of the aforesaid news item at Annexure "a" and the observations made pursuant thereto, I taking suo-motu notice direct the Register to issue notice to (i) Jayantibhai Somabhai, President, Sankalan Samitti, Civil hospital, Ahmedabad, (ii) Hargovind K. Waghela, Maha Mantry, Sankalan samitti, Civil Hospital, Ahmedabad, (iii) Commissioner of Health, sachivalaya, Gandhinagar ; and (iv) Superintendent, Civil Hospital, Asarwa, ahmedabad. Register is further directed to make this notice returnable on 18th april, 1996 at 11. 00 am, calling upon the aforesaid parties to appear before this Court on the returnable date and file their affidavits explaining their respective stand. I also appoint Mrs. K. A, Mehta, learned advocate to take care of this Suo-Motu petition, when the same is placed before the First Court on 18th April, 1996. In case, for whatever reasons, the parties shown above, do not receive Notice then in that case, the newspaper report about the suo-Motu Notice be taken as the Notice to them, and accordingly, the concerned parties shall appears before this Court on 18th April, 1996. A copy of this suo-motu notice be immediately given to Mrs. K. A. Mehta. 6. In case, for whatever reasons, the parties shown above, do not receive Notice then in that case, the newspaper report about the suo-Motu Notice be taken as the Notice to them, and accordingly, the concerned parties shall appears before this Court on 18th April, 1996. A copy of this suo-motu notice be immediately given to Mrs. K. A. Mehta. 6. Registrar is directed to immediately serve Notice of this Court on the parties concerned by special messenger today only, preferably before 4. 00 p. m. ( 2 ) ). Thereafter on 18-4-1996 when the matter was placed before the First Court [coram : R. A. Mehta, Actg, CJ (as he then was) and M. S. Shah, J], the following order was passed :1. Gujarat Rajya Paricharika Parishad, Nr. OPD Canteen, Civil Hospital, asarva, Ahmedabad, and (2) Gujarat State Karmchari Mahamandal, Ground floor, MS Bldg. , Lal Darwaja, Ahmedabad, be joined as respondents. Notice to newly added parties returnable on 19-4-1996. Notice be served by special Messenger today. Responsible officer of both the Unions shall remain present before the High Court on 19-4- 1996 at 11. 00 am. This matter be placed before the Division Bench consisting of K. J. Vaidya and M. H. Kadri, JJ for hearing on 19-4- 1996. " ( 3 ) BY virtue of the aforesaid order, the matter was placed before this court. Moment the matter was called out, respondents present before the court were once again impressed upon with their totally unjust and illegal strike by emphatically repeating whatever has been observed earlier in suo-motu order dated 16-4- 1996. Initially the courts prima-facie view was strongly objected to by the respondents, but ultimately after a considerable debate they saw the light of the courts concern for the innocent patients languishing in the Civil Hospital who were left totally uncared high and dry and at the mercy of the striking nurses and were persuaded to call off the unjust strike. Accordingly, on 19-4-1996, the following order was passed :"ms. Niruben Pipalia, President, Gujarat Rajya Paricharika Parishad and Mr. Upendrabhai Chauhan, General Secretary, Gujarat Rajya Karmchari mahamandal, who are present before the Court have gracefully agreed to withdraw the strike on the appeal being made to them on humanitarian ground. Accordingly, the striking employees shall resume their duties before 6. 00 p. m. today. Niruben Pipalia, President, Gujarat Rajya Paricharika Parishad and Mr. Upendrabhai Chauhan, General Secretary, Gujarat Rajya Karmchari mahamandal, who are present before the Court have gracefully agreed to withdraw the strike on the appeal being made to them on humanitarian ground. Accordingly, the striking employees shall resume their duties before 6. 00 p. m. today. We heartily appreciate this candid human gesture by the respective office-bearers of the Unions. We also would be failing in our duty if we do not take on record the services rendered by Mrs. Ketty A. Mehta, mrs. D. T. Shah, M/s. Girish Patel, M. R. Anand and M. R. Raval, in seeing that the things are amicably settled at this stage. S. O. to 24-4-1996. "the above gesture on behalf of gujarat Rajya Paricharika Parishad and gujarat rajya Karmchari Mahamandal is required to be very much appreciated as but for their acceptance of the courts request, the unfortunate deadlock created by the strike- call could not have been solved and hundreds of patients perhaps would have continued to painfully suffer still further more! This humanitarian approach of the Nurses very much deserves the appreciation. ( 4 ) THEREAFTER, on the request being made on behalf of the striking employees, on 19-4-1996, the following order was passed :"with a view to bring about peace and amity and maintenance of essential services to the patients, after preliminary discussion, Mr. Girish Patel, L. A. , appearing for Respondent Nos. 5 and 6 submitted that he be given some time so as to bring about the two Unions together, which may help creating a climate wherein no such problem may arise in future. We also feel that the unions should close their rank. If this is not done, their internal wrangle may, perhaps, in future victimize the interest of the helpless patients. It is with this view in mind that we have accepted the suggestion of Mr. Patel, and accordingly, we adjourn the matter till 2-5-1996. On that day, Mr. Patel will tell us as to what is the latest development. With all hope and trust in Paricharikas having withdrawn the strike, we do not know as to when, like a bolt from the blue, a call for lightning strike may once again be given !! Patel, and accordingly, we adjourn the matter till 2-5-1996. On that day, Mr. Patel will tell us as to what is the latest development. With all hope and trust in Paricharikas having withdrawn the strike, we do not know as to when, like a bolt from the blue, a call for lightning strike may once again be given !! Bearing in mind the overall ultimate interest of all those indoor patients, we direct the Hospital authorities also to submit before us, their plans, if in case either the Doctors or the Nurses or any of the medical staff goes on strike, as to in what best possible manner they would minimize the difficulties of the patients and serve them. Whether, in this regard there is something in the mind of the concerned authorities also to take the assistance of any voluntary social organizations, who at the shortest possible notice can run to rescue the interest of the patients. The Government may also suggest what can be the effective redressal machinery, any machinery like the fire brigade immediately rushing at the telephone call to extinguish the fire. S. O to 2-5-1996. " ( 5 ) AFTER aforesaid two orders, till this date, there is all calm in the Civil Hospital campus, and not a remotest grievance is ventilated before us that because of any misconduct on the part of Nurses the patients have suffered. Everything at this stage appears to be normal, good and fine. We once again at the cost of repetition would like to state that it is the deep sense of understanding, responsibility and maturity of the Unions that they have rightly accepted and honoured the appeal of the court on the humanitarian ground. We are quite conscious of the fact that there is still some dissatisfaction lingering about, amongst these two Unions regarding transfer of some of their employees, as well as some other mutual differences in-between them. It also appear that despite repeated time given to learned advocate Mr. Patel appearing for the respondent Nos. 5 and 6 to bring about the two Unions together the inter-se deadlock stands still unresolved !! Now, it is indeed for the concerned Unions to sit across the table, negotiate their differences and ultimately close ranks in their own interest. No further time could be extended on this count. Patel appearing for the respondent Nos. 5 and 6 to bring about the two Unions together the inter-se deadlock stands still unresolved !! Now, it is indeed for the concerned Unions to sit across the table, negotiate their differences and ultimately close ranks in their own interest. No further time could be extended on this count. However, as regards the transfers of the concerned employees of the Civil hospital, we believe that this dissatisfaction also can be suitably taken care of by little grace and magnimity of give and take spirit of course within the bounds of law and just and reasonable discretion. Sometimes, some such unfortunate incident like strikes in the instant case once a while do take place, but then such things should not be made a prestige issue because ultimately the employees are also the citizens, rather as good as family members, more particularly when they have ultimately withdrawan the strike. In such exacting, exasperating circumstances like the strike in the instant case, we have to conduct ourselves in such a graceful way whereby the mutual trust and respect are not lost which ultimately results into co-operation, benefit of which will ultimately fructify in favour of the public at large for whom ultimately we all exits. Disputes and differences are bound to arise in ones life because every affected party sees a particular problem from its own angle. At this stage, the duty of the honest person is also to try to see and appreciate view of the opponent without being blidened by ones own view. This is how civilized society conducts itself. Despite all the best efforts, attempts to see and appreciate the view of the opponent, if one yet feels not possible to agree, then without losing hope and cheer on face, disputing parties should atleast agree to disagree and constructively go on exploring some common grounds of agreement. In fact, all disputes and differences between employer and employees should be dealt with as family matter. Bearing in mind this positive attitude, approach, if there are any outstanding questions/dispute between the government and the employees on the one hand and between the two Unions inter-se on the other hand, then in that case, without harbouring any sense of bitterness or making it a prestige issue, sitting across the table, it is always advisable to amicably settle. Bearing in mind this positive attitude, approach, if there are any outstanding questions/dispute between the government and the employees on the one hand and between the two Unions inter-se on the other hand, then in that case, without harbouring any sense of bitterness or making it a prestige issue, sitting across the table, it is always advisable to amicably settle. In every public utility services, ultimately it is the responsibility of all concerned - the employer as well as the employees that because of their some die-hard attitude, public at large does not suffer, and for that purpose, it is quite desirable that some workable formula is evolved by virtue of which an unfortunate situation like strikes can be avoided. One such permanent formula which readily occurs to our mind is that there should always be a standing Committee comprising of the Head of the Department, the representatives of the employees and also if possible acceptable to both sides, leading public servant who should sit together on the table and settle the matter with paramount consideration of the people at large and thereby the public interest. The Government may accordingly at its earliest best consider about setting up such a committee. This is one thing regarding ironing out the disputes between the Government and its employees but then what about the problems of innocent patients who sometimes for no fault of theirs become merciless victims of the strikes ? For this, we have already directed the Civil Hospital authorities to be ready with alternative arrangements to take care of patients and submit the suggestions. They have made some suggestions. However, instead of highlighting them here, we direct them to finalise and be ready with it whereby some voluntary social organizations or public or military personnel services can be obtained at the shortest possible notice so as to meet with the situation. We hope and trust that government will immediately (within 6 to 8 months) actively consider and prepare its future plan of action to meet with emergency created by the strikes, and for this purpose, we expect the concerned Minister and the Addl. Chief Secretary, Health and family Welfare to personally take interest and see that some permanent committee is formed which meets at regular interval and plans out the strategies to meet with the situation arising anywhere in the State on the permanent basis. Chief Secretary, Health and family Welfare to personally take interest and see that some permanent committee is formed which meets at regular interval and plans out the strategies to meet with the situation arising anywhere in the State on the permanent basis. ( 6 ) TURNING to the facts situation of the case, namely; since the strike stands already happily withdrawn, ordinarily nothing survives for this court to say or do anything in the matter. Still however, we, as Constitutional functionaries, quite feel that though the matter as such no more survives, in overall public interests some observations are absolutely necessary by virtue of which just and proper care by way of abundant caution can be taken whereby there may not be any heart-burning either on the part of the employees or the Government or the patients in case of some indiscreet, illegal strikes in future. We are indeed quite conscious of the fact that ordinarily the High Court never enters into any academic question once the point at issue no more survives. But at the same time, we do feel that when a question rather the chronic problem involved is of such a vital magnitude, recurrence and public importance which, though at this stage, appears to be a merely academic, but it at the same lime has the potency of mischievous tendency of relapsing frequently reacting quite prejudicially against the interests of innocent patients, we believe it to be our foremost duty to make some useful prima-facie observations in the nature of warning to all nurses and Doctors, as a result of which the most unsavory situation where innocent ailing patients in the Hospitals are not taken on ban and made to victimize and suffer in the fight of nurses and doctors with their employers. We believe that the issue involved cannot be summarily pushed back and out of consideration dubbing it as an academic merely on the ground that strike is over!! The possibility of the intended or even accidental spark near the highly sensitive inflammable zones setting the nearby settings ablaze to the greatest detriment of the public interest cannot be ignored under any circumstances, save and except at the cost of the commonsense and doing mechanical justice, not uttering a word of caution under the voluntary walk-over from issue in the name of the question involved being of academic interest!! In this view of the matter, having regard to the facts and circumstances of the case, we are prima-facie of the view that the strike call given and carried out by two Unions of Nurses was patently illegal, unjust and to say the least immoral and inhuman in view of the provisions contained in Rule 6 of Civil Services Conduct Rules and also Sec. 22 of Industrial disputes Act, 1947 read with Rule 71 of the Industrial (Central) Disputes Rules, 1957 Act. Rule-6 of Gujarat Civil Services (Conduct) Rules, 1971, reads as under : rules-6 : Demonstrations and strikes : No Government servant shall (i) engage himself, or participate in any demonstration which is prejudicial to the interest or the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, Public Order, decency or morality or which involves contempt of court, defamation or incitement to an offence, or (ii) resort to or in any way abet any form of strike. Explanation : For the purpose of this rule, the expression strike means the cessation of work by Government servant in combination or a concerted refusal or a refusal under a common understanding of any number of Government servants and includes (i) refusal to work overtime where such work is necessary (ii) any other conduct which is likely to result in, or results in, cessation or substantial retardation of Government work. Similarly, Sec. 22 of the Industrial Disputes Act reads as under : section 22 : Prohibition of strikes and lock-outs : (1) No person employed in a public utility service shall (a) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking ; (b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings. (2) xxx xxx xxx rule-71 of the Industrial Disputes (Central) Rules, 1971 read as under : notice of strike : (1) The notice of strike to be given by workmen in a public utility service shall be in Form-L. (2) On receipt of a notice of a strike under sub-rule (1) the employer shall forthwith intimate the fact to the Conciliation Officer having jurisdiction in the matter. 6. 6. 1 The conjoint reading of the aforesaid relevant provisions prima-facie make it abudantly clear that the present strike by nurses of the Civil hospital is exfacie illegal. ( 7 ) THE aforesaid prima-facie observations, we find it absolutely necessary to make because these days we often find Doctors, Nurses going on irresponsible strike on slightest pretext be it at Ahmedabad, Baroda, Rajkot or at any other place in the State. Such a situation in the most essential services like medical care, can never be tolerated. We once again at the cost of repetition reiterate that the concerned employees indeed have no right and accordingly no jurisdiction in going on strike. Prima-facie one thing is quite certain that no person has any right under any circumstances to take away or much less to disturb even the rights of other citizens who are not directly or indirectly concerned with their grievances. What wrong indeed the patients have committed against the nurses of Civil Hospital or in a given case against the Doctors even ?? further, if at all their grievances have some justification, how indeed the suffering patients were accountable to them to help resolve it ? Thus, when the entire grievance of the employees is against the Civil Hospital authorities and/or the Government, and the patients have nothing to do with it, is it ever human, just and fair to victimize innocent patients ?? this is the core question which every employee of Government hospital must ask to its conscience before resorting to strike !! We further reiterate that apart from this, the concerned employees even otherwise must agree that medical services in the Hospital are essential services to the society and accordingly as a human being also, irrespective of wages paid, one is supposed to help and stand by any other sick, ailing citizen in hour of need and grief and this is the ordinary, basic, indisputable culture of any civilized human being the category to which we believe nurses and/or doctors do not dispute not belonging to !!! Under the circumstances, if there is some genuine grievance against the Government and/or for that purpose with any organisation or even an individual, let the battle of rights be fought with the concerned opponents only who are directly concerned. In our view, this is the clear logic and transparent truth of life. Under the circumstances, if there is some genuine grievance against the Government and/or for that purpose with any organisation or even an individual, let the battle of rights be fought with the concerned opponents only who are directly concerned. In our view, this is the clear logic and transparent truth of life. In a civilized society the concept of right can not be viewed in absolute term and sense devoid of the corresponding responsibilities and duties to the fellow citizens. Moreover, the right of an individual or group of citizens whenever is found to over-shadow the public interest and the public right that right can not be permitted to be projected further by way of strike. Under the circumstances, from where indeed the employees have drawn inspiration that they have indisputable right to take in ban the helpless hospitalized, sick and suffering ones as the hostages to strike deal with the government !! In this view of the matter, we prima-facie, finding employees of the Civil hospital denying their discharge of legal duties to be performed to the hospitalized citizen who has a constitutional right to life and the better life, and thereby the immediate medical treatment it would not be proper for this court as a Constitutional functionary to sleep over the issue of strike and to remain unconcerned with the problems of the patients, rather their act of terrorism on patients ! What we say here is only prima-facie, but we would like to maintain what we say on the record with a view to see that all concerned may take a due notice of the prima-facie view of this court in such matters of vital public interest, and accordingly indeed think twice before resorting to indiscreet, irresponsible strikes. Not only this, but whenever such strikes infringes upon the fundamental constitutional right of the patients, in view of Art. 21 of the Constitution, the State government in the interest of the innocent patients should immediately declare the strike as illegal as discussed above. Not to do so also to some extent depending upon the facts and circumstances of the case may amount to a serious dereliction of public duty to the people on the part of the Government for which it shall stand responsible and entirely accountable to the concerned patients and the people at large. Not to do so also to some extent depending upon the facts and circumstances of the case may amount to a serious dereliction of public duty to the people on the part of the Government for which it shall stand responsible and entirely accountable to the concerned patients and the people at large. ( 8 ) IN the result, in light of the aforesaid observations, this petition stands disposed of accordingly. ( 9 ) THE Registrar is directed to immediately forward a copy of this judgment to (i) minister for Health and Family Welfare, and (ii) Additional Chief Secretary Health and family Welfare Department, Gujarat State, Gandhinagar. .