- (1.) Having regard to the affidavit of Dharam Pal regarding service of notice on Respondent 4, the service of notice on Respondent 4 is treated as sufficient. Service of notice on Respondent 6 is dispensed with.
(2.) Special leave granted.
(3.) This appeal relates to the employment of Respondents 2 to 5 (hereinafter referred to as the respondents) as Auxiliary Nurses and midwives in R. B. Sewak Ram Maternity Hospital, Jalandhar (hereinafter referred to as the appellant Hospital). The respondents are holders of diploma for having passed the Auxiliary Nurses Midwives Examination held by the jammu and Kashmir State Medical Faculty. They are, however, not registered under the Punjab Nurses Registration Act, 1932 (hereinafter referred to as "the Act"). They were employed as Nurses in the appellant Hospital. Having regard to the provisions contained in Section 17 of the Act, which prohibits appointment/employment of an unregistered nurse, the services of the respondents were terminated by the appellants. The said termination of services of these respondents gave rise to an industrial dispute which was referred for adjudication to the Labour Court, Jalandhar. By award dated 4-4-1995, the Labour Court held the said termination of services of the respondents to be illegal on the ground that it constitutes retrenchment under section 2 (00) of the Industrial Disputes Act and that the provisions of section 25-F of the Industrial Disputes Act, 1947 were not complied with. The Labour Court directed reinstatement of the respondents with continuity of service and full back wages. The writ petition filed by the appellants against the said award of the Labour Court has been dismissed by the High court of Punjab and Haryana by the impugned judgment dated 26-7-1995. Hence this appeal.;