MITA DEY ROY Vs. MEDICAL COLLEGE & HOSPITAL

JUDGEMENT

(1.) Heard the arguments on the maintainability of the Complaint from both the sides.

(2.) The learned Counsel for the OPs - 3, 4 and 6 submitted that they have taken the preliminary objections in their written version. The doctors were working in the Medical College and Hospital (OP-1), the Govt. Hospital and at present, the OPs-3 and 6 are retired from the services. The Complainant has not paid any fee to OPs- 3, 4 and 6 as a consideration. The services rendered by the OPs were free of cost as being in the employment of OP-1 Hospital. The learned Counsel relied upon the recent judgment of the Hon'ble Supreme Court in the case of Nivedita Singh vs. Dr. Asha Bharti and Ors.[ Civil Appeal No. 103 of 2021 - DOJ 7/12/2021].

(3.) The learned Counsel further argued that as per Nivedita Singh case (supra), OPs - 3, 4 and 6 were employed and rendering their services on behalf of the hospital. Their services does not fall within the ambit of Sec. 2(1)(o) of the Act, 1986, being free of charge. The doctors working there received salary, therefore, they continued to be rendered service free of charge and thus, outside the purview of Sec. 2(1)(o) of the Act, 1986. The learned Counsel for the other OPs adopted the same arguments.