IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Jawaharlal Institute of Postgraduate Medical Education and Research – Appellant
Versus
The Superintendent of Police (North) Pondicherry – Respondent
| Table of Content |
|---|
| 1. background of drl regularization dispute and disruptive protest. (Para 1 , 2 , 3 , 4) |
| 2. police intervention, compromise reached, security assured. (Para 5 , 6 , 7 , 8) |
ORDER
This petition has been filed seeking a direction to the respondents 1 to 3 to provide adequate police protection for the petitioner institution, its Doctors, Nurses and other Staff, based on the Police Complaint dated 25.03.2026 and consider the same.
2. The case of the petitioner is that the petitioner, namely the Jawaharlal Institute of Postgraduate Medical Education and Research (hereinafter referred to as ‘JIPMER’), is a 2200 bedded hospital with eminent Doctors with super speciality, taking care of patients, treating patients affected with diseases, and providing medical facilities for more than 70 years. The institution engaged a few hundreds of Daily Rated Labourers (hereinafter referred to as ‘DRLs’) to assist the Doctors and their associates to serve the patients. The DRLs joined together and filed cases before the Central Administrative Tribunal, Madras Bench in 2010 onwards seeking regularisation of their services, which got dismissed. Thereafter, they filed I.D.No.5 of 2014 before the Central Government Industrial Tribunal cum Labour Court (hereinafter referred to as ‘CGIT-cum-LC’), Shastri Bhavan, Chennai. Subsequently, the CGIT-cum-LC passed a final order on 19.07.2017 directing the petitioner Institute to regularise the services of workmen who completed five years of service as on 05.03.2012, the date on which the dispute raised. The petitioner Institute challenged the said order before the Madras High Court in W.P.No.29865 of 2017. The learned Single Judge, allowed the Writ Petition on 31.10.2023. Against the said order, the fourth respondent Employees Union filed W.A.No.3187 of 2023 seeking to set aside the order dated 31.10.2023 passed in W.P.No.29865 of 2017 and the DRLs have filed W.A.No.222 of 2025 praying for the same relief as granted in W.P.No.29865 of 2017. This Court passed a common final order for both the writ appeals on 16.12.2025. Against the judgment passed in the Writ Appeals, SLP Dairy No.15682 of 2026 and SLP Dairy No.15686 of 2026 have been filed before the Supreme Court by JIPMER
3. In the meanwhile, the functionaries of the fourth respondent organised a secret meeting, and nearly 300 numbers of DRLs gathered before the Administrative block of the Institute on 25.03.2026. They began raising slogans against the Institute demanding regularization of their services, and abstained from patient care duties without giving any prior notice to the first, second, and third respondents and thereby neglecting their legitimate responsibilities towards the affected patients. The slogan raised by the collective gatherings disrupted the routine work of the staffs in carrying out their duties. Furthermore, they restrained and obstructed the movement of other employees, doctors, nurses, and staffs, and even the movement of patients was severely affected.
4. The grievance of the fourth respondent is that, in the writ appeal, the High Court had ordered in their favour and therefore, their services ought to be immediately regularised. However, they continue to work as contract employees, and their claim for permanent status is subject to the outcome of the appeals filed before the Supreme Court. In such circumstances, in an attempt to show their strength, the DRLs are obstructing the smooth functioning of the hospital. Despite the complaint lodged by the petitioner, the respondent police have not taken appropriate steps to ensure the hospital functions without obstruction.
5. Mr.AR.L.Sundaresan, learned Senior Counsel for the petitioner reiterated the averments made in the petition and submitted that the primary concern of JIPMER, Institute and Hospital is that no harm to Doctors, Para- Medical Staff and after staff who are working in the hospital, more particularly, no patient to be disturbed.
6. Learned Public Prosecutor to
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