Jawaharlal Institute Of Postgraduate v. The Superintendent Of Police (North) Pondicherry,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-03-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Jawaharlal Institute of Postgraduate Medical Education and Research, Pondicherry Rep.by its, Deputy Director, S.Rangabashiam, Dhanvantri Nagar, Pondicherry - 605 006.
..Petitioner Vs
1. The Superintendent of Police (North) Pondicherry, Pondicherry.
2. Circle Inspector Dhanvantari Nagar, Pondicherry.
3. Station House Officer Dhanvantari Nagar Police Station, Pondicherry.
4. Jipmer Hospital Employees Union Rep.by its President, Room No.314, 3rd Floor, Administrative Block, Puducherry - 605 006.
..Respondents To issue appropriate writs, orders or directions and in particular issue a Writ in the nature of Mandamus, directing 1 and 3 respondents to provide adequate police protection for the petitioner institution, its Doctors, Nurses and other Staff, based on the Police Complaint dated 25.03.2026 and consider the same.
For Petitioner :
Mr..AR.L.Sundaresan, Senior Counsel for Mr.M.T.Arunan For Respondents :
Mr.M.V.Ramachandramurthy, Public Prosecutor (Puducherry) Assisted by Mr.M.Thamizhmani
ORDER
This petition has been filed seeking a direction to the respondents 1 to 3 to provide adequate police protection for the petitioner institution, its Doctors, Nurses and other Staff, based on the Police Complaint dated 25.03.2026 and consider the same.
2. The case of the petitioner is that the petitioner, namely the Jawaharlal Institute of Postgraduate Medical Education and Research (hereinafter referred to as 'JIPMER'), is a 2200 bedded hospital with eminent Doctors with super speciality, taking care of patients, treating patients affected with diseases, and providing medical facilities for more than 70 years. The institution engaged a few hundreds of Daily Rated Labourers (hereinafter referred to as 'DRLs') to assist the Doctors and their associates to serve the patients. The DRLs joined together and filed cases before the Central Administrative Tribunal, Madras Bench in 2010 onwards seeking regularisation of their services, which got dismissed. Thereafter, they filed I.D.No.5 of 2014 before the Central Government Industrial Tribunal cum Labour Court (hereinafter referred to as 'CGIT-cum-LC'), Shastri Bhavan, Chennai. Subsequently, the CGIT-cum-LC
passed a final order on 19.07.2017 directing the petitioner Institute to regularise the services of workmen who completed five years of service as on 05.03.2012, the date on which the dispute raised. The petitioner Institute challenged the said order before the Madras High Court in W.P.No.29865 of 2017. The learned Single Judge, allowed the Writ Petition on 31.10.2023. Against the said order, the fourth respondent Employees Union filed W.A.No.3187 of 2023 seeking to set aside the order dated 31.10.2023 passed in W.P.No.29865 of 2017 and the DRLs have filed W.A.No.222 of 2025 praying for the same relief as granted in W.P.No.29865 of 2017. This Court passed a common final order for both the writ appeals on 16.12.2025. Against the judgment passed in the Writ Appeals, SLP Dairy No.15682 of 2026 and SLP Dairy No.15686 of 2026 have been filed before the Supreme Court by JIPMER
3. In the meanwhile, the functionaries of the fourth respondent organised a secret meeting, and nearly 300 numbers of DRLs gathered before the Administrative block of the Institute on 25.03.2026. They began raising slogans against the Institute demanding regularization of their services, and abstained from patient care duties without giving any prior notice to the first, second, and third respondents and thereby neglecting their legitimate responsibilities towards the affected patients. The slogan raised by the collective gatherings disrupted the routine work of the staffs in carrying out their duties. Furthermore,
they restrained and obstructed the movement of other employees, doctors, nurses, and staffs, and even the movement of patients was severely affected.
4. The grievance of the fourth respondent is that, in the writ appeal, the High Court had ordered in their favour and therefore, their services ought to be immediately regularised. However, they continue to work as contract employees, and their claim for permanent status is subject to the outcome of the appeals filed before the Supreme Court. In such circumstances, in an attempt to show their strength, the DRLs are obstructing the smooth functioning of the hospital. Despite the complaint lodged by the petitioner, the respondent police have not taken appropriate steps to ensure the hospital functions without obstruction.
5. Mr.AR.L.Sundaresan, learned Senior Counsel for the petitioner reiterated the averments made in the petition and submitted that the primary concern of JIPMER, Institute and Hospital is that no harm to Doctors, ParaMedical Staff and after staff who are working in the hospital, more particularly, no patient to be disturbed.
6. Learned Public Prosecutor today filed a counter and the relevant paragraphs are extracted hereunder:
5. In continuation to that, on 27.03.2026, while on rounds, I received reliable information that the above-noted counter petitioners were assembled in front of the Administration Block, JIPMER, Gorimedy, Puducherry, with the intention to conduct any cognizable offence and hence, they were removed from the spot with the assistance of SGSI Ravi, SGASIs Mohan and Ramasamy, and SGHCs 3265 and 3178, SGWHCs 3703 and 3794 of D'Nagar PS, WPCs Ananthi and Lawanya of Lawspet & Reddiarpalayam PS, and the IRBn Policy Party. I intervened and facilitated liaison between the protestors/DRLs and the Director, JIPMER, Puducherry, to enable them to express their demands.
Then after DIRECTOR JIPMER had given appointment for 5 staffs to meet him and as asked by him, five of them had gone and met DIRECTOR JIPMER and he assured that he will arrange for General Body Meeting after the Model Code of Conduct is completed and will implement the orders immediately soon after the disposal from Supreme Court. Hence, the DRLs arrived to a compromise with the Director and assured to withdraw their sit in strike and immediately reported for duty. Suitable instructions were issued to them not to repeat such conduct in future, and they were cautioned that failure to comply would invite necessary action under law.
6. In light of the above facts, it is submitted that the petitioner and the counter petitioners have reached a compromise among themselves. The counter petitioners were dispersed from the spot, and the normal situation is retained. Although the petitioner had lodged the present petition during the course of the protest conducted by the counter petitioners/
DRLs, the matter now stands resolved. Therefore, the Writ Petition filed by the petitioner may kindly be dismissed by considering the above facts."
7. Learned Senior Counsel submitted that, as on date, due to the filing of the present writ petition, the DRLs are keeping away from the hospital, not carry any obstruction or disturbance, but apprehension is that once this petition is disposed, there is likelihood of unauthorised gathering of DRLs and carry obstruction and threat to safety.
8. Learned Additional Public Prosecutor, on instructions, submitted that a special team deployed in the hospital to provide protection to the men and materials, ensuring smooth functioning of the hospital and free movement of doctors, nurses, staffs, employees and patients. It was further submitted that, as and when situation warrants, security measures would be stepped up and appropriate action will be taken. They also assured that the hospital is functioning without any obstructions now.
9. Recording the same, the petition is disposed of. No costs. 30-03-2026 nl Index: Yes/No Speaking/Non-speaking order
To
1. The Superintendent of Police (North) Pondicherry, Pondicherry.
2. Circle Inspector Dhanvantari Nagar, Pondicherry.
3. Station House Officer Dhanvantari Nagar Police Station, Pondicherry.
4. Jipmer Hospital Employees Union Rep.by its President, Room No.314, 3rd Floor, Administrative Block, Puducherry - 605 006.
5. The Public Prosecutor, Govt. of Puducherry, Madras High Court.
M.NIRMAL KUMAR, J.
nl 30-03-2026