CITY HOSPITAL PVT LTD Vs. USHA STANLY

JUDGEMENT

(1.) This order of mine shall dispose off two writ petitions WP(c) No. 26790 of 2013 and WP(c) No. 26817 of 2013 preferred by common petitioner M/s.City Hospital Pvt. Ltd. against party respondents who were employees of the petitioner hospital and have retired on 5/8/2011 after attaining the age of superannuation, hereinafter called as first writ petition and second writ petition. The petitioner hospital has approached this honourable court assailing the common order dtd. 29/7/2013 of Labour court Ernakulam in claim petition No. 26 of 2011 and claim petition No. 27 of 2011 filed by the party respondents seeking arrears of minimum wages, leave wages and bonus due from the petitioner under sec. 33C (2) of the Industrial Disputes Act.

(2.) Facts in brief of the first writ petition WP(c) No. 26790 of 2013, is that the respondent Maria Margret, an employee of the petitioner hospital, who joined the service as a clerk on 15/1/1977 and retired from service on 5/8/2011, after attaining the age of superannuation filed a claim petition no. 26 of 2011 Ext.P1 dtd. 24/11/2011 before the Labour Court, Ernakulam alleging non payment of wages as per the G.O No: SRO 511/2000/LBR, though the petitioner was a super speciality hospital with more than 300 bed facility, as per the notification No: G.O(MS)174/2009/LBR dtd. 16/12/2009 the respondent was not allowed to avail the statutory benefits such as 12 casual leave, 12 annual leave, 12 sick leaves, bonus of 8.33% minimum wages and restricted her claim for a period of 5 years i.e., from 2006 to 2011.

(3.) Facts in brief of the second writ petition WP(c) No. 26817 of 2013, is that the respondent Usha Stanley, an employee of the petitioner hospital, joined the service, as a clerk on 1/12/1979 and retired from service on 5/8/2011, after attaining the age of superannuation, filed a claim petition no. 27 of 2011 Ext.P1 dtd. 25/11/2011 before the Labour Court, Ernakulam alleging non payment of wages as per the G.O No: SRO 511/2000/LBR and petitioner being a super speciality hospital with more than 300 bed facility, as per the notification No: G.O(MS)174/2009/LBR dtd. 16/12/2009 did not allow respondent to avail the statutory benefits such as 12 casual leave, 12 annual leave, 12 sick leaves, bonus of 8.33%, minimum wages and was restricted her claim for a period of 5 years i.e., from 2006 to 2011.