THE MANAGEMENT OF CHRISTIAN MEDICAL COLLEGE (CMC ASSOCIATION, VELLORE) Vs. GOVERNMENT OF TAMIL NADU AND ORS.

JUDGEMENT

(1.) THE petitioner/Management of Christian Medical College (CMC Association, Vellore), has filed the present writ petition seeking issuance of a writ of declaration to declare that the Motor Transport Workers Act does not apply to the petitioner Institution. Learned counsel appearing for the petitioner submitted that the petitioner Institution is running a Medical College, Nursing College and Research Institution and they have been doing humanitarian, charitable and educative service for the benefit of sick and injured persons as a whole. The Hon'ble Supreme Court has also recognized the Institution as an Educational Institution in the case of Christian Medical College Hospital Employees' Union and another v. Christian Medical College Vellore Association and others ( : 1988 1 LLJ 263), therefore, it is bound to run a Hospital, for, the University regulations require that a Medical College and College of Nursing should have a hospital attached to them because practical training is an essential requirement for every medical student and a nursing student. Hence, they established a Hospital, known as Christian Medical College and Hospital with a branch of eye Hospital, Mental Health Centre, a Rural Health Centre, where the students of the Medical College and the College of Nursing obtain practical training throughout their educational course. Further, the petitioner institution engages a team of professional doctors, nurses, teachers, research scholars, students etc., and they have been doing service to the sick and injured persons. Therefore, for such activities, the petitioner institution is owning and plying few vehicles in the name of the General Superintendent and thus, he pleaded, these vehicles are owned by the petitioner institution and not by any individual and they are not using these vehicles for the purpose of any business or engaged in carrying passengers or goods for the purpose of any business.

(2.) WHEN the matter stood thus, he pleaded, the Assistant Inspector of Labour, Vellore, issued a letter dated 16.09.1968 stating that the rules and regulations under the Motor Transport Workers Act, 1961, have not been followed and therefore, immediate steps should be taken to comply with the legal requirements. Rebutting the said letter of the Assistant Inspector of Labour, Vellore, learned counsel further submitted that the Institution being the medical college engaged in teaching, research and in the care of the sick and injured persons, by no stretch of imagination, the petitioner institution or any section thereof can be deemed to be a Motor Transport Undertaking, otherwise, more than 5500 employees working in the Institution will be faced with lots of difficulties and innumerable problems if such employees are brought under a separate enactment as stipulated in the Motor Transport Workers Act.

(3.) IT is further submitted that since there was no reply, the petitioner sent another letter dated 13.12.1978 to the Deputy Commissioner of Labour, Madras, requesting for renewal of licence for the years 1978 and 1979 without prejudice to their contention that the petitioner Institution is not covered under the Motor Transport Workers Act, 1961. However, the Inspector of Labour, Vellore, subsequently, issued another show cause notice dated 15.02.1979 to show cause as to why the action should not be taken for non -compliance with the provisions of the Act. The petitioner vide their letter dated 01.05.1979 reiterated that the provisions of the Motor Transport Workers Act and the Rules made thereunder do not apply to the petitioner Institution, as the drivers engaged only for transportation of the staff and students, therefore, the same would not come under the purview of the Motor Transport Workers Act.