---1--- W.P.No.1882/2014 (PIL) 31.1.2014 Shri Pranay Choubey, learned counsel for the appellant.
Shri P.K.Kaurav, learned Additional Advocate General for the respondents/State.
Not on Board; taken up upon Mention Memo.
Heard counsel for the petitioner and learned counsel for the State.
None appears for private contesting respondents.
Prima facie, we are in agreement with the stand taken by the petitioner and duly supported by the State Government that the members of Respondents No.6 and 7 and members of other Associate Medical Unions, cannot be allowed to resort to strike as per the Code of Ethics and Regulations and, more particularly, because the State Government has already invoked provisions of the Essential Service of Maintenance Act, 1981.
We will only remind the said respondents and all medical officers attached to the concerned hospitals and Medical Colleges about the exposition of the Apex Court in the case of T.K.Rangarajan versus Government of Tamil Nadu and ORS.- AIR2003SC3032 Keeping the same in mind, we have no hesitation in granting interim relief as prayed for in this petition, to restrain Respondents No.6 and 7 and all its members and even other medical officers attached to the Government Hospitals and Government Medical Colleges in the State of Madhya Pradesh, from going on or continuing with the strike directly or indirectly in any manner henceforth which may affect or disrupt the essential medical services administered in the hospitals and medical colleges.
Failure to comply with this direction may entail in suitable legal consequences including of having committed ---2--- breach of the directions given by this Court in terms of this order.
The respondent/State through counsel submits that the State has taken all possible measures to assuage the concern of the indoor patients and also, to some extent, outdoor patients.
We place this submission on record.
List this matter on 3.2.2014, fiRs.on Board.
Issue notice to the respondents.
In addition “Dasti” permitted.
It will be open to the State Government as well as the petitioner to issue press release to give wide publicity of this restrain/injunction order against all the medical officers attached to Government Hospitals and Government Medical Colleges in the State of Madhya Pradesh.
C.C.today.
(A.M.Khanwilkar) (Krishn Kumar Lahoti) Chief Justice Judge Anchal