HOSPITAL EMPLOYEES UNION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Hospital Employees union, Bikaner (hereinafter referred as the Union) has filed this writ application challenging the correctness of the order of the State Government refusing to refer the dispute raised by the union to the Industrial Tribunal on the ground that the hospitals attached to the Medical Colleges, which are usually termed as teaching hospitals, will not fall within the category of 'industry' as defined in Section 2(j) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). This order of the Government Is dated 27 -5 -1966 and is annexed to the writ petition as Ex. 3.

(2.) THERE is a Medical College established at Bikaner which is known as Sardar Patel Medical College. The main hospitals in the associated group of hospitals under the management of the Principal of the said Medical College are attached to the Medical College, Bikaner. The workmen of the said hospitals raised certain demands with regard to the confirmation of the employees of thehospitals and the enforcement of the Provident Fund Scheme and also an increase of Rs. 5 in Dearness Allowance from. February, 1964 instead of March 1964, and for the grant of grade increments. These demands were sent to the Conciliation Officer, Bikaner with a request that he may commence conciliation proceedings but it appears that the Conciliation Officer submitted his failure report because the College authorities are said to have shown a non -co -operative attitude towards the conciliation proceedings. Thereafter, the union approached the State Government and requested that the dispute may be referred to the Industrial Tribunal for adjudication but the Government relying on the Supreme Court authority in The University of Delhi v. Ram Nath, AIR 1963 SC 1873 rejected the union's demand of referring the matter to the Tribunal on the ground that the hospitals attached to the Medical Colleges are teaching hospitals and they do not fall within the category of an 'industry'. Having felt aggrieved by this order of the Government, the union has filed this writ application in this Court.

(3.) THE main question for determination in this petition is whether the hospitals attached to the medical colleges are industries or not.