SANJEEV GULATI Vs. GANGA RAM HOSPITAL

JUDGEMENT

(1.) IN these proceedings under Article 226 of the Constitution of India, similar issues are involved; with consent of parties, they were heard together.

(2.) BOTH the petitioners are employees of the respondent, Sir Gangaram Trust Society (hereafter called "the hospital"). The hospital is a private institution; established by a charitable trust, which manages it. One of the objectives of the trust is to provide free medical aid to a section of the public. In its range of activities, the hospital offers an entire gamut of health care facilities, in various disciplines. It extends out -patient, as well as bed facilities; and doctors, as well as para -medical and other supporting staff are working for it.

(3.) THE hospital, after issuance of notice, has opposed the petitions. It has raised a preliminary objection as to maintainability, on the ground that it is neither an authority under Article 226 of the Constitution of India, nor are the actions complained of, falling within the realm of duties of a public character, or nature, as to attract judicial review under Article 226 of the Constitution of India.