KASTURBA HEALTH SOCIETY, THROUGH ITS SECRETARY, SEWAGRAM, TAH. AND DISTT. WARDHA Vs. REGIONAL PROVIDENT FUND COMMISSIONER, SUB

JUDGEMENT

(1.) Heard Shri A.S. Manohar, Advocate for the petitioner, Dr. R.S. Sundaram, Advocate for the respondent No. 1 and Shri H.R. Dhumale, A.G.P. for the respondent No. 2. None appears for the respondent No. 3.

(2.) In 1969, the Central Government framed scheme to check and control the population in the country and various hospitals were selected for implementing Post Partum Programme (for short "PPP"). As per the Scheme, the employees required to work for implementation of the Scheme were paid by the Central Government. The petitioner Society is administering a hospital where PPP was undertaken at the behest of Central Government.

(3.) The employees working in the institution of petitioner Society under the PPP were terminated on 2nd June, 1997. The employees had filed Writ Petition No. 1568/1997 before this Court challenging the termination order. Writ Petition No. 1568/1997 was pending before this Court when the present writ petition (W.P. No. 433/1998) was filed by the petitioner Society. Therefore, while issuing Rule by the order dated 10th Feb., 1998, this Court recorded that the present petition will have to be decided after the decision of Writ Petition No. 1568/1997. The Writ Petition No. 1568/1997 is decided on 1st April, 2016. The Division Bench of this Court, relying on the judgment given by the Single Judge of this Court in the case of Ramakant Laxman Sarmalkar Vs. Nowrojee Wadia Maternity Hospital and Ors. reported in 2002(3) ALL MR 322 has concluded that the employees who were working in the institution administered by the petitioner Society under the PPP were not the employees of petitioner Society. The Division Bench has recorded that the compensation payable to the employees will have to be paid equally by the State Government and Ministry of Health, Family Welfare, New Delhi.