ZIQITZA HEALTH CARE LTD Vs. SUSHIL KUMAR DOHRE

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 16-8-2018 passed by Authority, Minimum Wages Act, Gwalior in case No. 231/D/M.W.Act/17 (Misc) as well as against the order dated 2-11-2017 passed by Legal Under Authority, Minimum Wages Act/Labour Court No.1, Gwalior in case No. COC/118/D/M.W. Act/2017.

(2.) The necessary facts for the disposal of the present petition in short are that the respondent no.2 is a body created for providing better health services and assisting the State Authorities in expanding the reach of Medical Health Services in each and every part of the State. Several programmes are being run by the respondent no. 2 for the betterment of the health services.

(3.) The respondent no.2 also works in close relationship with different private bodies under the "Public Private Partnership" Scheme. Under this Scheme, 108 Ambulance Services, Janani Suraksha Vehicle and Deen Dayal Mobile Hospital are being run across the State of Madhya Pradesh. At present, these programmes are being run with an agreement with Petitioner. It is the case of the respondent no.2, that direct payment is made to Petitioners on per kilometer basis. It is claimed by the respondent no.2 that as per Clause 2.5(b) and 2.5(k) of the Notice Inviting Tender, all the responsibilities arising out of the employment offered by Petitioners for providing the services, is the responsibility of the Petitioners. As per the agreement, the respondent no.2 has no control or supervision of the services in any manner.