CHRISTIAN MEDICAL COLLEGE HOSPITAL EMPLOYEES UNION STATE OF TAMIL NADU Vs. CHRISTIAN MEDICAL COLLEGE VELLORE ASSOCIATION:CHRISTIAN MEDICAL COLLEGE

JUDGEMENT

(1.) The important question which arises for determination in this appeal by special leave is whether Ss. 9-A, 10, 11-A, 12 and 33 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') are applicable to educational institutions established and administered by minorities which are protected by Cl. (1) of Art. 30 of the Constitution of India.

(2.) The first respondent - Christian Medical College Vellore Association, Vellore, is an association registered under the Societies Registration Act, 1860. The object of the association is "the establishment, maintenance and development of Christian Medical Colleges and Hospitals in India where women and men shall receive an education of the highest grade in the art and science of Medicine and Nursing or in one or other of the related professions to equip them, in the spirit of Christ, for service in the relief of suffering and the promotion of health". Dr. Ida Scudder, a daughter of an American Medical missionary in India, realising the need for more women doctors in India to give relief to the suffering women, in particular, started a one-bed clinic in 1900 at Vellore in the State of Tamil Nadu. Within two years she set up a 40-bed hospital with the assistance of a group of medical women. Since her main desire was to train women as nurses and doctors who should go out to serve suffering women and children she started the training courses for nurses in 1906 and a medical school for women in 1918. The hospital and the medical school grew in their stature in course of time. The medical school was converted into a medical college with degree courses in 1942. In the year 1947 even men were admitted to the medical college as students. The hospital has since become an important medical institution in South India. The hospital is being used for training the students of the medical college by providing clinical facilities. The medical college and the college of nursing in Vellore are affiliated to the University of Madras and they both go by the name, the Christian Medical College. In the medical college the post-graduate degree courses have also been started. In addition thereto post-graduate diploma courses in different specialities have also been started. In the year 1982, when the common judgment of the High Court of Madras in the three writ petitions, out of which this appeal arises, was delivered, there were about 500 students including post-graduate students in the medical college, 400 in college of nursing and about 164 in para medical courses. The medical college also conducts research into the fundamental causes of diseases, their prevention and treatment. It is also claimed that the medical college is a pioneer in the development of higher specialities like Cardiology, Neuro Surgery, Psychiatry, Thoracic Surgery, Urology, Gastro-Enterology etc. The hospital in which the clinical facilities are provided to the students of the medical college is also a very big hospital which attracts large number of patients, many of whom are treated as in-patients. The college and the hospital are now being managed by respondent No. 1 Association. In view of the heavy responsibilities undertaken by the college and the hospital it has become necessary to employ a large number of persons as teachers, doctors, nurses and other staff for running the college and the hospital, and also administrative staff for the purpose of managing their affairs. The employees of the college and the hospital are paid salaries and allowances and are entitled to the usual conditions of service as are applicable to such employees in other medical colleges and hospitals in India. It is natural that in a big establishment like the one under consideration between the management and its employees there would be disputes with regard to the security of employment and other conditions of service.

(3.) Sometime during the period 1975-1978, three employees, namely, Mr. Gilbert Samuel, a clerk in the Microbiology Department of the Christian Medical College and Hospital, Mr. M. Devadoss, a packer in the Central Sterile Supply Department of the Hospital and Mrs. Yesudial, a cook in the Staff and Student Nurses' Hostel of the Rural Health Centre attached to the hospital, were dismissed from service by the management. On an industrial dispute being raised by the Christian Medical College Hospital Employees' Union in respect of the dismissal of the above three persons, the Government of Madras by its order dt. 19-2-1979 referred the following question to the Labour Court for adjudication:-