Kerala High Court Lifts Restraint On Nurses' Strike, Allows Disciplinary Action By Hospitals

The Kerala High Court on Friday (17 April) modified its earlier interim order dated March 13, 2026, effectively lifting restrictions imposed on both the nurses' association and the Private Hospital Management in the ongoing dispute between hospital management and nursing staff.Justice Harisankar V. Menon modified the earlier order. The earlier order had directed the nurses' association to defer its proposed strike and ensure that its members did not abstain from work or engage in any form of strike or obstruction until March 19, 2026 as the Court has suggested mediation between the parties. On March 19, the Mediator filed an interim report stating that the mediation is going on and is adjourned to 23.03.2026, and some more time is required to complete the mediation process. Thereafter, the Mediator had filed a report stating that the mediation had failed.However, during subsequent proceedings, counsel for the petitioner informed the Court that despite efforts to enforce compliance, members of the respondent association had continued strike actions in at least two hospitals, with some instances involving active obstruction.The Counsel for the Kerala United Nurses Association (UNA), argued that if any modification of the earlier order was to be made, it should include lifting the restraint imposed on the association, thereby allowing nurses to resume their strike lawfully.The Court observed: “On a consideration of the rival submission, the direction noticed above was issued noticing that the nurse's association would not continue with the strike. This Court also notices that though an attempted deviation was undertaken and the same has to be ..” The Court held that the petitioner, representing hospital management, could proceed in accordance with law, including initiating appropriate disciplinary action against nurses participating in the strike.“Accordingly, paragraph 4 of the order dated 13.03.2026 stands lifted,” the Court ordered.At the same time, the Court clarified that the respondent union would also be entitled to continue its strike, if it so chooses, subject to applicable legal provisions. The final portion of paragraph 4 of the earlier order, which had restricted such action, has thus been set aside.The Kerala Private Hospital Association is represented by Advocates K. Anand, Mathews Raju, R.K. Jayalakshmi.Case Title: Kerala Private Hospital Association v. State of Kerala and Ors. and connected casesCase No: WP(C) No. 8176 of 2026 and connected casesClick Here To Read/ Download Interim Order

Kerala High Court Lifts Restraint On Nurses' Strike, Allows Disciplinary Action By Hospitals

Anamika MJ

Tags