A I I M S Vs. RAJ SINGH

JUDGEMENT

(1.) THIS appeal is directed against the impugned order dated 26th March 2007 passed by the learned Single Judge dismissing WP (C) 2771 of 1999 filed by the appellant All India Institute of Medical Sciences (AIIMS ).

(2.) THE facts leading to the fling of the appeal are that the respondent raj Singh was working as Driver with AIIMS on daily wages since 1st August 1984 and continued to work as such till 13th August 1987 on daily wages. Aggrieved by the termination of the services, Raj Singh raised an industrial dispute which was referred to the Labour Court. By an Award dated 4th December 1988 the labour Court decided the issues in favour of the workman and against the appellant herein and directed the reinstatement of the workman, without back wages. Aggrieved to the extent, the back wages was denied, the workman filed wp (C) 5569 of 1999. The appellant herein AIIMS filed WP (C) 2771 of 1999 insofar as the termination of the services of the respondent were held to be illegal and reinstatement ordered.

(3.) IT was contended on behalf of the appellant before the learned Single judge that AIIMS was a hospital and not an "industry" within the purview of the industrial Disputes Act, 1947 ("id Act" ). It was accordingly contended that the respondent was not a workman and therefore, the Labour Court has no jurisdiction to entertain his claim. Reliance was placed upon the judgments in Safdarjung hospital v. Kuldip Singh Sethi (1970) 1 SCC 735, Bangalore Water Supply and sewerage Board v. A. Rajappa (1978) 2 SCC 213 and State of U. P. v. Jai Bir Singh (2005) 5 SCC 1.