UT declares all PGI employment as essential
This is the first time the Act was invoked without an official strike notice from any union.
The notification follows a 2024 public interest litigation (PIL) filed by PGI, which led to a Punjab and Haryana high court ruling on August 7 this year. The court noted that PGI services weren't previously declared essential under the East Punjab Essential Services Maintenance Act, 1947, yet it pre-emptively barred unions from future strikes or protests.
The decision comes amidst an ongoing legal dispute with the PGI union president, Ashwani Munjal, who was banned from campus. The high court, while addressing Munjal's challenge, has permitted union activities only within their designated office space and explicitly forbidden any actions that would obstruct patient care or movement within the institute.
According to Munjal, the recent court ruling and subsequent notification vindicate the union's decades-long position that ESMA was not previously applicable to PGI.
However, he acknowledged the court's strict stance on protests, stating that any future demonstrations would be restricted to the institute's residential areas to prevent disruption of patient services.
"The three decades old stand of union(s) that there is no notification imposing ESMA at PGI has been vindicated whereas PGI filed more than 6-8 CWP-PIL during 2018 to 2024 seeking orders to take action against leaders/staff under Section 6 & 7 ESMA, 1947/1968," said Munjal. He added, "The competent authority for PGI is the centre and not Chandigarh for invoking ESMA."
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