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REPORTABLE IN THE SUPREME COURT OF INDIA

                   CIVIL ORIGINAL JURISDICTION

         WRIT PETITION (C) NO.527 OF 2011

     TRAINED NURSES ASSOCIATION OF INDIA    ... PETITIONER(S)                 VS.

     UNION OF INDIA & ORS.                  ... RESPONDENT(S)

    J U D G M E N T

ANIL R. DAVE, J.

1. Heard  the  learned  counsel  for  the  petitioner-

Association,  the  learned  Additional  Solicitor  General  

appearing  on  behalf  of  the Union of India, the  learned  

counsel  appearing  on  behalf  of  Respondent  No.37,  i.e.,  

Indian Nursing Council and other learned counsel appearing  

for different States.

2. The  petitioner-Association  has  ventilated  its  

grievance with regard to the working conditions of nurses  

in private hospitals and nursing homes.  The prayers made  

in this petition read as under :

“a) issue  guidelines  for  improving  the  working  condition  of  nurses  in  hospitals/nursing homes;

b) direct all the respondents to adhere to  the  guidelines/rules  framed  by  this  Hon'ble Court till necessary legislation  is  made  by  the  Parliament/State  Legislative Assemblies;

c) issue necessary directions to ensure that  

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nurses working in the private sector are  paid salary equivalent to those working  in Government hospitals;

d) issue  necessary  directions  to  the  respondents  to  take  appropriate  action  against hospitals/nursing homes insisting  on  bond  from  nurses  working  in  their  establishments;

e) issue a declaration that the bond system  practiced by hospitals/nursing homes is  unconstitutional and illegal;

f) issue  appropriate  directions  to  1st  

respondent to frame necessary guidelines  to improve working conditions of nurses  in India;

g) pass any other/further order(s) as this  Hon'ble Court may deem fit and proper in  the facts and circumstances of this case  to meet the ends of justice.”

3. Upon hearing the learned counsel and going through  

the petition, we feel that the nurses who are working in  

private hospitals and nursing homes are not being treated  

fairly in the matter of their service conditions and pay.

4. We expect that the Central government will look into  

the grievances ventilated in this petition, by forming a  

Committee within four months from today.  We are sure that  

after examining the factual situation, if the Committee is  

of the view that the grievances ventilated in the petition  

are correct, the Committee will make its recommendations,  

so  as  to  do  the  needful  for  improvement  of  working  

conditions  and  pay  of  the  nurses  working  in  private  

hospitals  and  nursing  homes  within  six  months  from  its  

constitution, which can ultima`tely  be  given  a  form  of  

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legislation  by  the  respondent-States  or  by  the  Central  

Government itself.

5. We are sure that the recommendations of the Committee  

shall be duly considered by the Central Government and it  

shall do the needful.

6. We do not propose to give any guidelines, as prayed  

for in this petition, as the grievances are to be looked  

into by the Committee consisting of experts.

7. So far as the grievance, with regard to system of  

execution of bonds by private hospitals and nursing homes,  

is concerned, the learned counsel appearing on behalf of  

Indian Nursing Council has submitted that the said system  

has now been abolished.  Therefore, the said grievance does  

not survive.

8. With  the  aforesaid  directions,  the  writ  petition  

stands disposed of.

       ..............J.

[ANIL R. DAVE]

.................J. [SHIVA KIRTI SINGH]

................J. [ADARSH KUMAR GOEL]

New Delhi; 29th January, 2016.

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