Minimum wages for nurses: SC tells govt to list steps taken

SOURCE : http://indianexpress.com/article/india/india-others/list-steps-taken-to-ensure-minimum-wages-for-nurses-supreme-court-directs-govt/

THE Social Justice Bench of the Supreme Court on Friday questioned the government over steps taken by it to ensure that nurses across the country are not paid salaries less than the minimum wages prescribed under the law.

The bench of Justices Madan B Lokur and Uday U Lalit sought a detailed reply from the Centre on measures taken by the Ministry of Health and Family Affairs to prevent exploitation of the nurses working in government and private hospitals.

Heeding to concerns raised in a PIL, which stated that positive directions from the court could ameliorate the conditions of around three lakh nurses across the country, the bench asked Additional Solicitor General P S Narasimha to come back with a comprehensive response on the actions taken by the authorities till date.

“What have you done about consultation with the state governments and other authorities? You cannot tell us that you wrote a letter and then you don’t know what happened thereafter. There has to be some seriousness,” said the court. The bench got irked after ASG Narasimha said that the ministry had written to all the institutions, which were under the jurisdiction of the central government, but he was not aware of the subsequent development.

The court said the follow-up action has to be brought on record to demonstrate what has happened to complying with the mandate under the National Minimum Wage Act, 1948. The Act lays down minimum wages for 45 listed economic activities, which also serve as minimum wages for these activities. States, however, are also at liberty to specify minimum wages for over 1,600 economic activities.
The bench clarified that it could not issue generic directions to the hospitals in the matter but the Centre should respond to the issue regarding the minimum wages. It also agreed to look into the contention, raised in the PIL, that a number of hospitals impounded professional certificates of the nurses, thereby forcing them to work as bonded labourers.

The ASG, during the arguments, however, submitted that the Centre lacked jurisdiction where state governments had the exclusive control over the hospitals and the court would have to seek answers from such states in specific cases. The PIL by Pravasi Legal Cell and Trained Nurses Association of India sought intervention by the apex court, saying certain guidelines must be framed to ensure nurses are not exploited by the public as well as private hospitals.

First Published on: January 17, 201512:57 am