INDIAN MEDICAL ASSOC Vs. P.O.LABOUR COURT

JUDGEMENT

(1.) AGGRIEVED by the impugned award dated 20th October, 1996 directing reinstatement of the workman with full back wages and continuity of service, the present petition has been filed.

(2.) LEARNED counsel for the Petitioner contends that the Petitioner does not fall within the ambit of an Industry. It is a non -profit making Association. The objects of the Association are to promote and advance medical and allied sciences in all their different branches, to promote the improvement of public health and medical education in India, to maintain the honour and dignity, to uphold the interests of medical profession and to promote co - operation amongst the members thereof. To meet the objects of the Association, the memorandum inter alia provides that the Association may hold periodical meetings and arrange conferences of the members of the Association and the medical profession in general, maintain a library and an Association office, encourage research in medical and allied sciences etc. The Petitioner is an All India basis Association having its headquarter at Delhi. The learned Trial Court wrongly applied the law laid down in Bangalore Water Supply and Sewerage Board vs. Rajappa, 1978 (2) SCC 213. It is contended that the dominant nature test which was required to be applied by the learned Trial Court has not been applied. The Petitioner qualifies for exemption as laid down by the Honble Supreme Court. The Petitioner is not a government authority. The activities carried out by the Petitioner do not fall within the ambit of the words ,,Res commercium. The workman was employed as a technician to look after the Air Conditioning Plant as a professional and a professional would not fall within the ambit of a workman. Since the Air Conditioning Plant of the Petitioner was closed, the services of the workman were retrenched and he was duly paid the retrenchment compensation. Thereafter, no other person has been engaged to provide for the service. On the Air Conditioning Plant starting after two years, the contract was first given to Kohli Services and thereafter to Voltas Services. Thus, the impugned award be set aside.

(3.) I have heard learned counsel for the parties.