(1.) The present petition challenges the Award passed by the IX Labour Court in Reference (IDA) no. 444 of 2002 dt. 19. 01. 02. Some of the material facts of the present case are as under:
(2.) The petitioner is a Charitable Trust, registered under the Indian Public Trust Act, 1950 and are running a Hospital in the name and style of 'bombay Hospital'. Sometime in or about 1974 the respondent no. 1 who is a Physiotherapist joined a doctor known as Rambhai Patel as an Assistant. The said Doctor, Rambhai Patel was attached as a Doctor to the petitioner Hospital.
(3.) The respondent no. 1 thus started working in the Physiotherapy Department of the Hospital and was giving the exercise to the patients manually as well as by Electro Therapeutic Machine.