MANAGER OPERATIONAL HEAD Vs. 108 AMBULANCE SEWA

JUDGEMENT

(1.) Vide this order, abovementioned two petitions would be disposed of as they have arisen out of a common order dtd. 31/3/2021.

(2.) Learned counsel for the petitioner has submitted that the petitioner was a registered society and was a pioneer in Emergency Management Services in India since the year 2005. Petitioner-society had been providing invaluable service of emergency response system through 108 National Ambulance Service and 102 Janani Express in the State of Himachal Pradesh. Due to consistent strikes called by the employees, the petitioner-society was facing lot of difficulty in conducting smooth operations of providing essential emergency services to the citizens of the State. In CWPIL No.135/2017, suo moto cognizance was taken by this Court of the incessant strikes called by the employees and the employees were directed not to indulge in protests, strikes etc. in future. Affidavits were filed by the employees that they would not indulge in strikes etc. The employees, however, again went on strikes/protests and the situation worsened due to COVID-19 pandemic. In CWPIL No.11/2020, this Court ordered that in case the employees resort to strikes or dharna, then the State could terminate the services of such employees and they would also be liable to be punished for contempt under the Contempt of Courts Act, 1971. Employees had started sharing Whatapp/text messages and had stopped reporting about their movement. As a result, the patients suffered. Due to this reason, the services of the employees were terminated. The union approached the Industrial Tribunal-cum-Labour Court, Shimla and vide order/award dtd. 31/3/2021, the termination orders were set-aside. In fact, the services of the employees had been terminated in accordance with law and the award passed by the learned Labour Court was liable to be set-aside.

(3.) In support of his arguments, learned counsel for the petitioner has placed reliance on a judgment of the Hon'ble Supreme Court in Civil Appeal No.5897 of 2021, titled Sri Dorairaj Spintex Versus R. Chittibabu and Ors., decided on September 22, 2021.