Case Note & Summary
The case involves a dispute between N.M. Wadia Charitable Trust Hospital, Solapur (appellant) and Dr. Ashok Vyankatesh Apte (respondent), a full-time paediatric physician appointed on 27th February 1981. The respondent was terminated from service on 31st March 1984. He raised an industrial dispute, which was referred to the Labour Court, Solapur. The Labour Court, by its award dated 30th June 1994, held that the termination was illegal and void ab initio for non-compliance with Section 25F of the Industrial Disputes Act, 1947, and ordered reinstatement with continuity of service and full back wages. The Industrial Court, in appeal, modified the award by reducing back wages to 50% from the date of termination till the date of the Labour Court award, and full back wages thereafter. Both parties challenged the orders before the High Court in writ petitions, which were dismissed by the learned single Judge. Hence, the present Letters Patent Appeals. The Division Bench of the Bombay High Court upheld the finding of illegal termination but modified the back wages to 50% for the period from the date of termination till the date of the Labour Court award, and full back wages thereafter till reinstatement. The court held that the respondent was a workman under the Industrial Disputes Act and the hospital was an industry. The termination was illegal for want of compliance with Section 25F. The court also directed that the respondent be reinstated within four weeks from the date of the judgment.
Headnote
A) Industrial Law - Termination of Service - Section 25F of Industrial Disputes Act, 1947 - Illegal Termination - The respondent, a full-time paediatric physician, was terminated without compliance with Section 25F of the Industrial Disputes Act, 1947, as no notice or retrenchment compensation was given. The Labour Court and Industrial Court held the termination illegal and ordered reinstatement with continuity of service and back wages. The High Court upheld the finding of illegal termination but modified the back wages to 50% for the period from the date of termination till the date of the Labour Court award, and full back wages thereafter till reinstatement. (Paras 2-10, 15-20)
Issue of Consideration
Whether the termination of the respondent-doctor by the appellant-hospital was legal and justified, and whether the respondent is entitled to reinstatement with back wages.
Final Decision
Both Letters Patent Appeals are disposed of with the following directions: The finding of the Labour Court and Industrial Court that the termination of the respondent is illegal and void ab initio is upheld. The respondent is entitled to reinstatement with continuity of service. However, the back wages are modified to 50% for the period from the date of termination (31st March 1984) till the date of the Labour Court award (30th June 1994), and full back wages from the date of the Labour Court award till the date of reinstatement. The appellant-hospital is directed to reinstate the respondent within four weeks from the date of the judgment.
Law Points
- Termination of workman without compliance with Section 25F of Industrial Disputes Act
- 1947 is illegal
- Reinstatement with back wages is proper remedy for illegal termination
- Workman includes medical practitioner employed in hospital
- Charitable hospital is an industry under Industrial Disputes Act
