WEST FORT HOSPITAL Vs. STATE OF KERALA

JUDGEMENT

(1.) .By order dated December 13, 1995, the Government had referred the following issue for adjudication to the Industrial Tribunal, Palakkad (2nd respondent herein):

(2.) . The Tribunal, by Award dated March 8, 1999 in I.D. No.3 of 1996, has overruled the objection of the management-Hospital viz., that being contract workmen the dispute was not maintainable. The claim of the management that in any case they were entitled to invoke the provisions of sub-clause (bb) of Section 2(oo) of the Industrial Disputes Act (for short 'the Act') also has been rejected. It is pointed out that they had no complaint against the workers regarding the performance of their duties. Since their services were terminated without giving them notice and compensation or assigning any reasons, there was no compliance with Section 25-F of the Act. Therefore, it was a case of clear retrenchment violating the mandatory provisions. Consequently, it was held that the workmen deserved the normal relief of reinstatement with back wages and other benefits.

(3.) . The above finding has been challenged by the management of the hospital, pointing out that the "Award is illegal and ultra vires." According to Mr. Madhu, learned counsel for the petitioner, the Tribunal had overlooked that there was only an agreement with an association and there was no direct contract with the workmen and the agreement was operative for a period of 11 months only. There was non-renewal of the agreement and the proceedings, as if it was a contract of employment, were unwarranted. It was a case where, according to them, right had been exercised bona fide and as per a contract, but the relevant aspects had been thoroughly overlooked. Interference was sought for, on these and other contentions urged.