PRESIDENT, KOZHIKODE JILLA PVT.HOSPITAL Vs. NATIONAL HOSPITAL

JUDGEMENT

(1.) These writ petitions have been preferred by a workmen's union, challenging the award of the Labour Court, Kozhikode. Their members have been engaged by the National Hospital, Kozhikode. They were denied employment. The dispute was referred to the Labour Court, Kozhikode for adjudication. The Labour Court accepted the stand of the management that these workers were engaged through a labour society and there was no employer-employee relationship between the management and the workmen. Challenging these award, the Union preferred these writ petitions.

(2.) The learned counsel for the Union would submit that absolutely no evidence was adduced by the management to show that these workers were engaged through society. It is submitted that Muster Roll and other relevant records were withheld from production before the Labour Court.

(3.) Per contra, the learned counsel for the management, placing reliance on the judgment of the Apex Court in Iswarlal Mohanlal Thakkar v. Paschim Gujarat VIJ Company Ltd. And Another [2014 KHC 4270] submits that judicial review is warranted if there is glaring error committed by the Labour Court. The Court cannot upset the fact findings by invoking power of judicial review under Article 226 of the Constitution of India.