(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. 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