ARDESHIR DALAI MEMORIAL HOSPITAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioner has challenged the award passed by the Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 25/89, whereby Labour Court held that the termination of the services of respondent No. 3, Dr. A.P. Rao is illegal and unjustified and, therefore, he is entitled to be reinstated with full back wages and other benefits and continuity of his service.

(2.) THE reference case arose out of Notification dated July 3, 1989 issued by the Government o Bihar, whereby after conciliation the Government referred the purported dispute for adjudication as to whether the termination of the respondent No. 3 was legal and justified.

(3.) THE Management contested the reference case on various grounds, inter alia, that the petitioner -hospital is not an industry as it is not engaged in any business, trade, undertaking, or manufacturing process. It is stated that since the petitioner -hospital is not an industry, respondent No. 3 is not a workman as defined under the Industrial Disputes Act. Further case of the management was that the workman concerned was working as residential Medical Officer and his condition of the service was governed as per the Standing Order. The job entrusted to the concerned workman was supervisory in nature and he used to perform the duty of the Superintendent of the hospital in the absence of the Superintendent. The workman concerned was to supervise the duty of the staff of the hospital and he was incharge of Medical Stores, issue requisition for Ambulance, etc. Further case of the Management was that the workman was getting non -practising allowance every month with a clear understanding that he would not be allowed to do any private practice, but management came to know that he in violation of contract of service, was carrying with his private practices. Consequently, his services were terminated.