RAJEEV GANDHI SUPER SPECIALITY HOSPITAL Vs. NALINI CHARLES

JUDGEMENT

(1.) This intra Court appeal is filed by the appellantRajeev Gandhi Super Specialty Hospital, challenging the interim order of the learned Single Judge dtd. 25/9/2024, wherein the appellant is directed to comply with the requirements of Sec. 17B of the Industrial Disputes Act, 1947 (hereinafter referred to as 'The Act' for short) from the date of the said order.

(2.) Brief facts leading to filing of this appeal are that, the respondent Nos.1 to 55 - workmen raised the industrial dispute before the Principal District and Sessions Judge, Raichur, (for short, 'the labour Court'). The labour Court allowed the reference petition holding that all such claims made by the respondents-workmen regarding the difference in pay, bonus, etc. shall be settled by respondent No.58-M/s.Apollo Hospital Enterprises Ltd., Chennai, till termination of service of contract by the end of 31/5/2012 in accordance with law; it has further held that the retrenchment done in respect of the respondent Nos.1 to 55-workmen is illegal and respondent Nos.56, 57 & appellant herein and the Government are directed to provide job in 'C' and 'D' categories in the appellant hospital, now under the control RIMC Hospital, Raichur in accordance with the rules either on stipend basis or on contract basis as deemed fit and proper. It is also directed that from 1/6/2012 till their appointment, their claim regarding back wages is rejected. Being aggrieved, the appellant filed W.P.No.200950/2021. The learned Single Judge vide interim order dtd. 25/9/2024 directed the appellant to comply with the requirement of Sec. 17B of the Act from the date of the said order. Being aggrieved, this appeal is filed.

(3.) Sri.Sachin M.Mahajan, learned counsel appearing for the appellant submits that the learned Single Judge has committed an error in appreciating the fact that the respondents-workmen have been appointed by respondent No.58 - Apollo Hospital, and after coming to end of the contract period between the State Government and the said hospital, the hospital was handed over to Raichur Institute of Medical Sciences. It is submitted that the respondents-workmen are not employees of the appellant - Rajiv Gandhi Super Specialty Hospital or Raichur Institute of Medical Sciences, hence, the question of continuing their services would not arise, as their services were discontinued after the respondent No.58 - Apollo Hospital, was handed over to Raichur Institute of Medical Science. In support of his contention, he placed reliance on Clause 1 of the Service Contract Amendment Deed dtd. 27/5/2011 entered into between the State Government and the respondent No.58-Apollo Hospital and submits that it is the respondent No.58-Apollo Hospital appointed the workmen and on termination of the service agreement, their services would come to an end and it is the said Apollo Hospital, which is required to comply with the requirement of Sec. 17B of the Act. Hence, he seeks to allow the writ appeal by setting aside the order dtd. 25/9/2024.