C RATHIDEVI Vs. MOTHER HOSPITAL (PVT) LIMITED

JUDGEMENT

(1.) HEARD the learned counsel for the appellant as well as the respondent.

(2.) THE appellant herein was admittedly a sweeper in the 1st respondent hospital establishment. A domestic enquiry was initiated against her by the management alleging several misconducts and the main misconduct was her attitude in propagating an information or rumour to the patients who came to the hospital that a particular surgeon was incompetent to conduct any surgery and after surgery the patient is likely to be rendered incapacitated. So far as this misconduct, she was dismissed from service in the departmental enquiry and the same came to be challenged before the Industrial Tribunal. In the proceedings before the Industrial Tribunal, dismissal of her service came to be set aside, but no back wages was ordered. This again came to be challenged before the learned Single Judge.

(3.) WHILE doing so, as there was a submission that an application was filed under Section17B, the learned Judge allowed the 17B application at the rate of Rs.780/- per month from 26.02.2007 till the disposal of the writ petition by the learned Single Judge. Challenging the same, contending that as the original petition was filed on 15.01.2002, the workman was entitled for 17B wages from that date, the present appeal is filed.