The Karnataka High Court on Wednesday took the State government to task for failing to invoke Essential Services Maintenance Act (ESMA) against government doctors to prevent them from going on strike and also for failing to make alternative arrangements for patients in advance.
The court also said that doctors on government duty cannot go on strike and they would have to approach legal forums such as the courts for getting their grievances redressed if the government failed to honour their reasonable demands.
NormalityADVERTISEMENT
A Division Bench comprising Justice K.L. Manjunath and Justice Ravi Malimath made these observations orally after government counsel told the Bench that services in government hospitals had returned to normality as doctors reported back to duty on Wednesday and they would work for a month though many of them had submitted their resignation.
ADVERTISEMENT
The Bench, which was hearing a public interest litigation petition filed by N.P Amrutesh against doctors’ strike, also asked the State to file its statements while asking the president of the Karnataka Medical Officers’ Association to be present in the court on Thursday.
The Bench asked the counsel why the government did not invoke ESMA against the doctors when the High Court had issued specific directions in 2005 and 2009 when a group of doctors went on strike then. “Why can’t we take up contempt of court case suo motu against the government for not following directions issued in 2005 and 2009,” the Bench asked government counsel.
When it was pointed out that two persons died on Tuesday due to “non-availability of doctors” in different government hospitals, the Bench asked why the government did not act when it was fully aware of the demands of the doctors more than three months ago.
What alternative arrangements were made by the government at its hospitals when the association issued notice one month ago about the strike and indicating that they would resign en masse , the Bench questioned. “You should have accepted their resignation and made alternative arrangements,” the Bench observed.
‘Drama’“It is the third time this kind of drama is happening in the State with doctors going on strike. Why you did not act timely despite previous directions from the High Court,” the Bench asked while adjourning the hearing till Thursday.