CHIEF MEDICAL OFFICER, GURGAON Vs. KAILASH CHANDER

JUDGEMENT

(1.) This writ petition has been filed challenging the award of the Labour Court, Gurgaon, dated May, 8, 1993. Respondent No. 1 was employed by the management of M/S Bhagwan Mahavir Charitable Eyes Hospital-cum-Community Eyes Research Centre, Hailey Mandi, Pataudi, District Gurgaon, as Ward Assistant on a monthly salary of Rs. 350/-. The services of respondent No. 1 were terminated by the management of October 8, 1985. Thereafter the management of hospilal-cum-community research centre was taken over by the Government on November 8, 1985. After taking over of the hospital, the Government appointed its own staff. Subsequently, respondent No. 1 raised an industrial dispute which was referred to the Industrial Tribunal-cum-Labour Court, Gurgaon, on October 27, 1987. The Labour Court came to the conclusion that services of respondent No. 1 were illegally terminated and directed reinstatement of respondent No. 1 into the job.

(2.) Challenging the said award, the petitioner namely the Chief Medical Officer filed this Writ Petition. The main contention of the learned counsel for the petitioner is that after taking over of the hospital along with the community research centre, respondent No. 1 cannot be deemed to be the employee of the new management. Therefore, no order of reinstatement against the new management could validly be passed by the Labour Court even though the action of the previous management was illegal. There cannot be any direction to take respondent No. 1 into service by the new management. He also contended that the staff of the hospital and the community research centre was not transferred to the new management and the Government appointed its own staff to manage the hospital. Therefore, the result would be the closure of the hospital by the earlier management and after taking over of the hospital by the Government and it is the Government which is running the hospital and community research centre with its own staff. In these circumstances, no relief could be granted to respondent No. 1 by the Labour Court.

(3.) There is no dispute that the Government has taken over the hospital-cumcommunity research centre on November 8, 1985. Services of respondent No. 1 were terminated by the previous management on October 8, 1985, i.e., prior to the taking over of the hospital by the Government. Further the gift deed under which the management was taken over by the Government does not provide that the staff working under the previous management was also to be taken over by the Government (Gift Deed is attached to the Writ Petition as Annexure P-l). It shows that only the buildings and the equipment have been transferred to the Government. Thus, it is clear that the services of the employees of the previous management came to an end. If any person employed by the management has been taken or utilized by the Government, he will be a new entrant. The employees of the previous management will not have any right to continue in service after the management of the institution was taken over by the Government unless the gift deed specifically provides for the same. This position is amply made clear by the Supreme Court in State of Punjab vs. Dev Dutt Kaushal and etc., 1996 AIR(SC) 85, wherein it has been observed as follows: -