MOHINDER KUMAR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Dr.Mohinder Kumar, the petitioner, is a Medical Doctor and Consultant Surgeon. His wife Dr.Suchitra Malhotra is also a Medical Doctor. Dr.Mohinder Kumar joined M/s Jangi Lal Oswal Cancer Hospital, Ludhiana run and managed by M/s Mohan Dai Oswal Cancer Treatment and Research Foundation, Ludhiana. Dr.Mohinder Kumar joined his assignment on 4th August, 1995 while his wife Dr.Suchitra Malhotra followed suit and joined the same hospital on 7th August, 1995.

(2.) On 30th June, 1999, both applied for special leave for a period of 10 months and 15 days ex India. Both of them left for Saudi Arabia on a work assignment on 3rd July, 1999. Their leave was not sanctioned. They did not receive a reply to their request for special leave. Later, they received letters from the Vice President (P&A) requesting them separately to join duty as patients and hospital work were suffering. A few days short of 10 months and 15 days, they returned to the hospital and attribute that they were not allowed to join duty by Dr.Satish Jain and Mr.K.S.Verma of the management. The Medical Director of the hospital asked them the reasons of taking up an assignment in Saudi Arabia along with copy of passports and Visa. When they were not allowed to join, both went back to Saudi Arabia on 14th June, 2000 to return on 30th April, 2001. They both proceeded to the hospital once again offering to join duties but were not allowed to. Meanwhile, their services were terminated. The petitioner says that this was without issuing him or his wife a charge sheet or holding an enquiry. They made a demand for justice questioning the legality of the termination of their services and of the act of the management in not permitting them to join duties, which according to them, amounted to retrenchment.

(3.) They raised a dispute under Section 2-A of the Industrial Disputes Act, 1947 (for short, "I.D. Act"). On demand notices being served on the management and the Assistant Labour Commissioner-cum Conciliation Officer of the area, conciliation proceedings were conducted to resolve the disputes and differences arising between the parties. The conciliation proceedings bore no fruit and led to the failure report being submitted to the Government. The appropriate Government made two separate references bearing reference No.112 of 2005 and 111 of 2005 respectively to the area Labour Court which has resulted in two separate awards dated 25th July, 2008 and 23rd July, 2008 respectively declining relief.