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As per the order issued by the Director General of Health Services(DGHS), parity in pay between nurses employed in private hospitals/nursing homes, and nurses employed by State Government hospitals, has been directed in cases of hospitals having more than 200 beds. Hospitals with:-
The DGHS order was based on the recommendations made by the Expert Committee constituted by the Ministry of Health and Family Welfare on September 20, 2016. The committee also followed the direction issued in Trained Nurses Association vs Union of India "to do the needful for improvement of working conditions and pay of the nurses working in private hospitals and nursing homes". This order was challenged by Association of Health Care Providers (India) Ltd as being arbitrary, illegal and unreasonable. Petitioner's contented that the order was issued without following the procedure under the Minimum Wages Act and the hospitals were not heard before issuing the order. Rejecting their plea, the single bench of Justice C Hari Shankar held, the "pay and working condition" of nurses employed in private hospitals/nursing homes "is really pathetic". It is sacrilegious, therefore, to require nurses, who discharge selfless service night after night, to work in conditions which are pathetic. No compromise can, therefore, be made, so far as ensuring optimum working conditions, for nurses, is concerned.” Also, the order was not a revision of minimum wages, and that the Expert Committee was acting as per SC directions. The court was not impressed by the argument that, the recommendations must be implemented by legislature alone. The SC order cannot be read to mean that, till such legislation takes place, the recommendations of the Expert Committee would remain unenforceable at law. The Court however expressed that cancellation of registration of hospital for non-compliance of the order should be exercised cautiously.
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