EMPLOYEES Vs. CHRISTIAN MEDICAL COLLEGE HOSPITAL

JUDGEMENT

(1.) THIS appeal arises out of the order passed by the employees State Insurance Judge, Vellore (Principal District Judge, Vellore), dated 4. 5. 1985 in E. S. I. O. P. No. 1 of. 1984 filed under Sec. 75 (1) of the employees'State Insurance Act praying to declare the Equipment maintenance Department of the petitioner is not amenable to the provisions of the Employees State Insurance Act since it is not a factory.

(2.) THE case of the petitioner is that the petitioner-hospital is integral part of the Christian Medical College ,Vellore. THE Medical College, has degree course and diploma course in 11 different specialities and postgraduate degree courses. Pursuant to the statutory requirement for the training of medical students in their course, the hospital, functions as an integral part of the Christian Medical College where the students get their practical training. THE Medical Council of India has prescribed certain standard requirements to be fulfiled. THE Equipment maintenance Department is established in the hospital in fulfilment of these requirements right from the time of the recognition of the College. This department is intended to ensure proper, uninterrupted functioning of life saving equipment in the hospital and prompt rectification of any mal-functioning thereof. It is a vital part of the hospital which is turn is a limb of the hospital. A notice has been received by the petitioner-hospital from the Employees State Insurance Authorities calling upon the petitioner to comply with the provisions of the Act with retrospective effect from 1. 9. 1969. Inspite of representations made in person and in writing, that the Act would not apply to this Department, the petitioner has been asked to remit contribution under a threat that legalaction will be taken failing compliance. THE Equipment Maintenance Department is not in any way separate or distinct from the hospital, functionally or otherwise. No manufacturing process is being done in that place. THE employees of the said Depart- ment are required to maintain the machines like X-ray, E. C. G. , E. E. G. Radiation Equipment, etc. , and carry out necessary servicing. THE maintenance work was responsible for the smooth functioning of the various equipments and machinery belonging to the hospital. It does not function as a commercial unit. THEre are no production machines and no manufacturing process is carried, on. THE employees of this department are subject to transfer from one Department to another of the institution and enjoy the same benefits at par with the other employees of the hospital. Hence, the petition for declaration that the Equipment Maintenance department of the petitioner hospital is not amenable to the provisions of the employees State Insurance Act.

(3.) IN the result, the appeal is dismissed confirming the judgment and decree of the Employees State INsurance Judge. .