Delhi High Court (May 20, 2002) 2002 (TLS)127221 2002-AD (Del)-7-530 :: 2002-LLJ-3-424 COURT IN ITS OWN MOTION Vs. ALL INDIA INSTITUTE OF MEDICAL SCIENCES S. MUKERJEE ( 1 ) THIS matter arose pursuant to suo motu notice taken by us in relation to the then ongoing strike by the Resident Doctors Association of aiims in the month of August, 2001. Taking note of the observations of the apex Court in Surjeet Singh v. State of Punjab and others, AIR 1996 SC 1388 : 1996 (2) SCC 336 , it was felt that the right to life enshrined under Article 21 of the Constitution of India, would include the right against denial of treatment or even from being prevented from availing the services of any doctor or any other member of the staff from attending to patients and rendering medical assistance to them. In doing so, we also relied upon the judgment in vincent Panikurlangara v. Union of India, 1987 (2) SCC 165 , Consumer Education and research Centre and others v. Union of India and others, AIR 1995 SC 922 : 1995 (3) SCC 42 : 1995-II-LLJ-768 and Paschim Banga Khet mazdoor Samity and others v. State of West bengal and another, AIR 1996 SC 2426 : 1996 (4) SCC 37 . Learned Additional Solicitor general Sh. R. N. Trivedi was also requested to assist the Court in this matter being one of social importance and relevance. ( 2 ) ON August 29, 2001, we were informed that the strike in AIIMS had been called off, but that the grievances of staff remained, and therefore certain permanent measures were required to tackle the problem. ( 3 ) WE directed the management of AIIMS to indicate the progress in the enquiry stated to have been initiated and also to indicate the measures which can be taken for expeditiously looking into and resolving the grievances of the employees and the doctors working in the hospital, in order to avoid frequent resort by the aggrieved staff to strikes. Thereafter the matter was adjourned from time to time, and on February 1, 2002 we were informed that certain suggestions of the learned Additional solicitor General were being considered by the general Body of the AIIMS. ( 4 ) LATELY an affidavit dated May 2002 has also been filed in this Court. Thereafter the matter was adjourned from time to time, and on February 1, 2002 we were informed that certain suggestions of the learned Additional solicitor General were being considered by the general Body of the AIIMS. ( 4 ) LATELY an affidavit dated May 2002 has also been filed in this Court. We have heard the submissions of learned counsel for the parties including learned Additional Solicitor General assisting this Court, and we consider it appropriate to dispose of this matter, with the following observations and directions: (I) A permanent negotiating machinery (PNM) be set up by the AIIMS as per annexure R-l to their affidavit contained at pages 154-155 of the paper book subject to the modification which we are directing viz. that the Dean, AIIMS shall be the Chairman and not the Director. (II) The said Committee will stand duly authorised to resolve any sudden incident which either disrupts or has the potential of disrupting the smooth functioning of the- aiims. (III) The abovesaid Committee will take a decision one way or the other, in any matter brought to its knowledge or coming before, it in any manner whatsoever, within a period of thirty days of the matter coming up before it or coming to its knowledge. This period of thirty days is the outer limit indicated by us and within the said period of thirty days, also, the Committee shall always remain cognizant of relative urgency of each matter, and the exigency of each situation and the matter will be processed most expeditiously and if required on day to day basis. (IV) Unless the period of thirty days is extended with the consent of all the parties, or a substantial number of them in the meaningful sense of the term substantial used by us in the previous phrase, those disputes which are not resolved by the PNM within fifteen days, would be REFERRED TO the adjudication of an Arbitration Tribunal comprising of the Health Secretary, director General of Health Services, director, AIIMS and, Addl. Secretary labour or any other officer of equal rank from the Ministry deputed for the said purposes by the Secretary, Labour, government of India. Secretary labour or any other officer of equal rank from the Ministry deputed for the said purposes by the Secretary, Labour, government of India. This will be subject to the condition that in the event of the dispute being one concerning any class of employees or any subject matter which is also subject to the jurisdiction of a statutory tribunal under any Act of Parliament or under Government Rules, then unless they consent to decision by the Arbitration tribunal, the party/parties will be entitled to avail the benefit of the statutory remedies. (V) In case any party or parties are not prepared to submit themselves to the jurisdiction of the Arbitral Tribunal and opt/elect for other statutory remedies, they shall be subject to the condition that they will ventilate their grievances only by way of in those proceedings, and not by way of any direct action against the Institution or any other employee or category of employees, or any other person or persons. (VI) The Arbitral Tribunal shall take a decision one way or the other in the matter within a period of three months which period shall only be extended with the consent of the parties. In case any of the parties does not co-operate, the Arbitral tribunal will be entitled to proceed to decide the matter on the available records within the stipulated period. (VII) The AIIMS will modify its Service rules and terms and conditions to incorporate the above directions within the said Rules, and shall take all steps necessary to make the same applicable and binding upon all categories of employees. THERE shall be the following Code of conduct applicable to all employees of AIIMS: (I) No employee of staff or faculty member will cease work for any reason whatsoever or disrupt the work or aid or abet such disruption or cessation. (II) No use of loud speakers or shouting of slogans, demonstrations, Dharna within the campus. (III) No meeting within the radius of 500 metres from the boundary of the Institute. (IV) No interference in any official work. (V) No resort to any disruptive activity. (VI) All Trade Union activities will be carried outside the campus. (VII) Any violation will result into disciplinary and other actions. (III) No meeting within the radius of 500 metres from the boundary of the Institute. (IV) No interference in any official work. (V) No resort to any disruptive activity. (VI) All Trade Union activities will be carried outside the campus. (VII) Any violation will result into disciplinary and other actions. ( 5 ) WE are conscious of the fact that employees ordinarily also have a right to agitate their grievances by way of peaceful action including collective bargaining and collective action. However, considering the special circumstances of the institution and particularly the sensitive nature of such a hospital requiring the uninterrupted and smooth functioning of each and every sphere of activity as also the space and location constraints such as icu/emergency/trauma Centre being all located close to the entrance and exit areas, and also Blood Bank facilities, life-saving medicines and devices being required at short notice, as well as unimpeded movement of medical and para medical personnel, it would be appropriate and in the interest of justice and also in public interest, that there should be no activity in the nature of strike, dhama or demonstration or ghaerao at, or in, or around the AIIMS at all. ( 6 ) WE however direct that any authority be it Police or the Labour Department or Civil or Delhi Administration of Health or Ministry of Health, to which any representation or complaint or request for taking action for resolving any discipline is referred or brought to notice, or otherwise comes to notice in a manner warranting action, keeping in view the special circumstances of the institution such as aiims and our orders passed hereunder the action by all the authorities REFERRED TO above and any other departments before whom such matter comes up, shall be always dealt with and treated on utmost priority basis and if possible out-of-turn, and at all times will be so conducted as to give no occasion for any dispute or any disruption or prejudicial action to the smooth functioning of the hospital. --- *** --- .