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...State of Bombay v. Hospital Mazdoor Sabha 1960 (2) SCR 866 has held that the hospital is an “industry”, that Kuldip Singh Sethi is a “workman”...his claim are resisted. The point of law that arises in the case is whether the Safdarjung Hospital can be properly described as an “industry” as denned in the Industrial Disputes Act...apply since the hospital is not an industry and is not run as such. The Management, therefore, questions the reference to the Tribunal under Section 10(1)(d) of the Industrial Disputes Act. A...
...1970 S.C 140], the question involved was whether hospital is industry within the meaning of Industrial Disputes Act.9. In...disputed by the opposite parties that the corporation is an industry and consequently the petitioner is a workman. It has been admitted that the corporation is a statutory corporation and is “State...petition.6. The next question which arises for determination is whether the Uttar Pradesh Scheduled Caste Finance and Development Corporation, Ltd., is an industry or not. On behalf of the...
...for industry which, in turn ensconces all processes of producing goods and services by employer-employee co-operation. Education is the nidus of industrialization and itself is industry....and whether it is conducted for profit or not do not make a material difference.”By these tests even a free or charitable hospital is an industry. That...is more than a place where persons can get treated. This is a part of the functions of Government and the hospital is run as a Department of Government. It cannot, therefore, be said to be an industry....
...: (1978) 2 SCC 213 : 1978-I-LLJ 349 : (1978-II-LLJ 73), in which it has been held that a Hospital ...same except where necessary.4. The petitioner/appellant is a company incorporated under the Companies Act which runs a Hospital called Indraprastha Apollo Hospital at Sarita Vihar, New...submissions dated November 4, 1999 before the respondent No. 2, inter alia, challenging the applicability of the Act to the Hospital. It was alleged that the petitioner is not an ‘industrial...
...State of Bombay v. Hospital Mazdoor Sabha (1960) 2 SCR 866 it is held that a hospital run by government is included in the definition of ‘...party for profit, it is held that a hospital is an industry even if it is run by Government without profit. Who conducts the activity or whether it is for profit, are considered irrelevant questio...the verge. There are reasons to think that it took the extreme view of an industry. We need not pause to consider the Hospital case (1960) 2 SCR 866 because the case of a members' club is beyond even...
...1. The grievance made by learned counsel for the petitioner is that the claim of the workman has been declined, inter alia, on the grounds:(1) that the ‘hospital’ is not an industry as...workman.2. It is argued that the definition given in S. 2(j) of the Industrial Disputes Act, 1947, declaring “hospital” not to be an industry has not been...accepted till today by the judicial pronouncements and thus the finding of the Tribunal that the respondent-hospital is not an industry cannot be sustained. Thus, the same is liable to be set aside...
...State of Bombay v. Hospital Mazdoor Sabha. AIR 1960 SC 610, (1960) 2 SCR 866, 1960 SCJ 679 In that case it was held that a hospital is an ...explained what facts have to be proved to exist before a hospital can be held to be an industry. That decision is in the Management of Safdarjung...a hospital, nursing home or dispensary is run as a business in a commercial way there may be found elements of an industry there. Then the hospital is more than a place where persons can get treated for th...
...: “We may say at once that if a hospital, nursing home or dispensary is run as a business in a commercial way there may be found elements of an industry there. Then the ...assails that order in this appeal.2. The Tribunal did not consider the materials placed before it fully in support of its finding that the appellant is engaged in an industry...within the meaning of the Industrial Disputes Act, 1947. Even so, the finding recorded by it is that the activities of the appellant are not mainly educational but the hospital was established in 1930...
...reference was made at the instance of the union representing the workman.7. The question whether a hospital is an industry or not has been concluded by the decision of the Supreme Court in the...commercial way there may be found elements of an industry there. Then the hospital is more than a place where persons can get treated for their ailment. It becomes a business.In Hospital...business. There is no evidence that it is more than a place where persons can get treated. This is a part of the functions of the Government and the hospital is run as a department of Government. It cannot...
...petitioner, is that the Leprosy hospital could not be considered an Industry and therefore, the application filed under section 33-C(2) of the I.D Act should have been...to whether the hospital is an industry or not was never pleaded by the petitioner and, therefore, this issue cannot be raised in the writ petition. She further submits that after she resigned from...hospital in which respondent No. 1 was working is an industry or not. The only contention raised was that the hospital was registered under the Bombay Public Trusts Act and...
...SCC 213, (1978) 3 SCR 207 a hospital is an industry, this distinction drawn between two branches of administration of Bhilai Steel Plant attaches importance to a shadow without substance and...whom High Court appears to have agreed, was of the opinion that when the Clinic had its separate existence it was not covered in the expression “industry” and that even though Bhilai Steel Plant is an...industry, the Clinic could not be styled as industry. In our opinion this distinction drawn is entirely meaningless. If Bhilai Steel Plant is an industry and if under the decision of this Court in...
...Church, Kuglar Hospital, Guntur, questioning the jurisdiction of the Government to make a reference of the alleged disputes, on the ground that the Hospital run by the management is not an industry...activity is absent and, therefore the Hospital, being a charitable institution is not an ‘industry within the meaning of section 2(i) of the Act in that view the Tribunal upheld the objections raised by...held that the Kuglar Hospital is an industry as defined in section 2(i) of the Act and hence the reference made by the Government is competent.3. Sri K. Srinivasa Murthy, learned Counsel...
..., petitioner raised industrial dispute. Labour Court proceeded to decide the reference in three stages namely (i) whether respondent-hospital is an industry or not? (ii) whether inquiry held against the...petitioner is in order or not? (iii) whether termination of the petitioner is in accordance with law or not? On 6.6.1995, Labour Court gave finding in award (Part-I) that respondent-hospital is an industry...on the very same charges i.e. vitiated charges. The charge-sheet framed by the respondent-hospital is not existing in the eye of law as on the date on which Labour Court held charges are vitiated...
.... Consequently, a liberal profession like that of a solicitor is outside the definition of "industry" under s. 2(j) of the Act. State of Bombay v. The Hospital Mazdoor Sabha, (1960) 2 S.C.R. 866, explained and...industry under the Act ; unless a hospital was an industry under the Act, service in the hospitals could not be regarded as public utility service. That is how this Court held that in running the J.J.... Hospital Group in Bombay, the State , Government was carrying on an undertaking which was an industry under s. 2(j). The question which calls for our decision in the present appeal is : what would be...
...Theater of the Hospital on 23-7-2008.
7. The respondent/Hospital is an "Industry" within the definition of term "industry". The controversy whether the ...
Bangalore Water Supply vs. A. Rajappa, AIR 1978 SC 549 wherein seven judges Bench held that "hospital" is an ...) is hereby rehabilitated."
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8. That, the definition of term "industry" has elaborately discussed by...
...preliminary order holding that the Hospital Development Committee, Government Women and Children Hospital, G.H. Road, Kozhikode is an industry as per Section 2 (j) of the Industrial Disputes Act, 1947...was contended that the Hospital Development Committee of the Government Hospital is not an industry.
5. The Labour Court, relying on the decision of the Apex Court in...Children Hospital, Kozhikode is an industry, and the dispute that arose between the management of the Hospital Development Committee and the workman is an industrial dispute within the meaning of...
...Union fund through one ways or another and diverting the fund which is intended only for weaving activities of the weavers to hospitality and hospital industry.It is the case of the...petitioner that a total amount of Rs. 9.81 crores has been diverted between the year 1996-1997 to 2000-2005 from Weaver's Co-operative fund and utilized for the hospital business. It is the further case of....Learned Senior Counsel appearing for the respondent Nos. 4 and 5 submitted that previously the petitioner's father himself was the Chairman of the said hospital and no public interest is...
...petition filed under S. 26 of the Act holding that the petitioner-hospital is exempted from the provisions of the said Act. The workman concerned then raised industrial dispute which was ultimately referred to the Labour Court for a...in any business, trade, undertaking or manufacturing process. It is stated that since the petitioner-hospital is not an industry, respondent 3 is not a workman as defined under the...reference is maintainable?(2) Whether the A.D.M Hospital is an industry or not?(3) Whether doctor A.P Rao is workman or not?(4) Whether termination of services ...
...raised the dispute that there is no hospital near about his industries and worker has to go 6/7 km away to Jasidih which is the nearest ESIC, Hospital, hence, his industry is not liable to pay suc...its order dated 27.6.2003 accepted that although there is dispute, the same can be decided only an Insurance Court under the ESIC Act and the petitioner, their employer have got hospital road from the...beginning to ESIC Hospital, Jasidih which is well connected with train and road and hence, they are liable to pay Employee State contribution of the workman and employer both.After...
..., Bangalore vs. M. Boraiah & Anr., AIR 1983 SC 1320. 7. There is no pleading in the written statement that the petitioner is not an industry or that the hospital in which the...administering medical services to mine workers is established and run by the Central Government. However, this would not mean that the hospital itself is not an industry. If the hospital is an .... Shri Vaz, appearing for the Petitioner, submits that it is not an industry and, therefore, not covered by the...