RANCHHODDAS BAPU CHARITABLE HOSPITAL Vs. RAJNIKANT RAVJIBHAI PANELIYA

JUDGEMENT

(1.) The present Special Civil Application is filed praying for the following reliefs:-

(2.) The brief facts in the present case are as follows:-

(3.) Mr. P.S.Gogia, learned advocate for the petitioner, submits that the application for payment of gratuity came to be filed after a period of 13 years. He submits that there is a gross delay in filing of such application and therefore, the learned Controlling Authority ought to have rejected the application of the petitioner on the ground of delay and laches. He, further, submits that even otherwise, the Doctors, who are rendering services in a charitable hospitals are not employees as they are rendering professional services and therefore, they cannot be treated as an "employee" under definition of Sec. 2(e) of the Payment of Gratuity Act ["Act" for short] and therefore also, no gratuity was payable in the present case. He further submits that both the authorities below have erred in holding the respondent as an "employee" and directing payment of gratuity.