HOLY SPIRIT HOSPITAL Vs. BENJAMIN FERNANDES

JUDGEMENT

(1.) Rule in Writ Petition No. 2225 of 2011. Learned Counsel waives service on behalf of Respondent. Since Rule is already issued in Writ Petition No. 1646 of 2011, on the request of the learned Counsel, both the Petitions are heard finally.

(2.) These two cross Petitions impugn an award dated 10 May 2011 passed by the Labour Court in Reference (IDA) No. 107 of 2008. Writ Petition No. 1646 of 2011 is filed by the Petitioner-Hospital (hereinafter referred to as 'the Hospital') aggrieved by that part of the impugned award whereby the punishment awarded by the management was altered and instead of dismissal from service, two increments of the workman were ordered to be withheld permanently and the workman was directed to be reinstated with continuity of service. Writ Petition No. 2225 of 2011 is filed by the Petitioner-workman (hereinafter referred to as 'the workman') aggrieved to the extent of denial of back wages and the withholding of two increments permanently.

(3.) The Hospital is established and managed by 'The Society of the Servants of the Holy Spirit' which is registered under the Bombay Public Trust Act, 1950. The Hospital is a modern hospital offering medical services in various specialties including super specialties and offers subsidised rates to poor persons. The Hospital staff strength is about 800 employees including doctors and managerial staff.