Case Note & Summary
The present petition challenges the Award passed by the IX Labour Court in Reference (IDA) No.444 of 2002 dated 19.01.2002. The petitioner, Bombay Hospital Trust, is a Charitable Trust registered under the Indian Public Trust Act, 1950, running a hospital known as 'Bombay Hospital'. The respondent no.1, a physiotherapist, joined Dr. Rambhai Patel, a doctor attached to the hospital, as an assistant in or about 1974. The respondent worked in the Physiotherapy Department of the hospital, giving exercise to patients manually and by Electro Therapeutic Machine. On 19.11.1990, Dr. Rambhai Patel discontinued the services of the respondent. Aggrieved, the respondent raised an Industrial Dispute under Section 10 read with Section 2A of the Industrial Disputes Act, 1947, demanding reinstatement with full back wages, contending that the termination was illegal due to non-conducting of a departmental enquiry and that he was an employee of the hospital. On 1.10.1993, conciliation proceedings failed, and the dispute was referred to the IX Labour Court. The petitioner filed a written statement disputing the employer-employee relationship and contending that the respondent was not a workman. By an award dated 19.01.2002, the Labour Court granted reinstatement of the respondent with the petitioner hospital and directed payment of 15% back wages with continuity of service. The High Court, in the present petition, considered the submissions of the learned counsel for the petitioners, who inter alia contended that there was no employer-employee relationship and that the respondent was not a workman. The court examined the facts and the Labour Court's findings, and upheld the award, dismissing the petition. The court held that the Labour Court correctly found that the hospital exercised control and supervision over the respondent's work, establishing an employer-employee relationship, and that the respondent was a workman under the Industrial Disputes Act. The termination without departmental enquiry was illegal, and the award of reinstatement with 15% back wages and continuity of service was appropriate.
Headnote
A) Industrial Law - Employer-Employee Relationship - Control and Supervision - Sections 2(s), 10, 2A Industrial Disputes Act, 1947 - The court examined whether a physiotherapist engaged by a doctor attached to a hospital was an employee of the hospital. The Labour Court found that the hospital exercised control and supervision over the physiotherapist's work, and the High Court upheld this finding, holding that the employer-employee relationship existed between the hospital and the physiotherapist. (Paras 1-6) B) Industrial Law - Workman - Definition - Section 2(s) Industrial Disputes Act, 1947 - The court considered whether a physiotherapist performing manual and electro-therapeutic exercises falls within the definition of 'workman'. The Labour Court held that the respondent was a workman, and the High Court affirmed, noting that the nature of work was not supervisory or managerial. (Paras 1-6) C) Industrial Law - Termination - Illegal Termination - Non-conducting of Departmental Enquiry - Section 10, 2A Industrial Disputes Act, 1947 - The respondent's services were terminated without any departmental enquiry. The Labour Court held the termination illegal, and the High Court upheld the award of reinstatement with 15% back wages and continuity of service. (Paras 1-6)
Issue of Consideration
Whether there existed an employer-employee relationship between the petitioner hospital and the respondent physiotherapist, and whether the respondent is a workman under the Industrial Disputes Act, 1947.
Final Decision
The High Court dismissed the writ petition and upheld the Labour Court award granting reinstatement of the respondent with 15% back wages and continuity of service.
Law Points
- Employer-employee relationship can be inferred from control and supervision
- Physiotherapist is a workman under Industrial Disputes Act
- 1947
- Termination without departmental enquiry is illegal
- Reinstatement with back wages is appropriate remedy
