usha rani datta and 11 others who were serving as aaya attendants etc.
after an unsuccessful writ petition number 1124/82 in the high companyrt of madhya pradesh at jabalpur theoriginal applicants have filed this appeal by special leave.
the chief medical officer of the bhilai steel plant was to be the administrative officer for the clinic the entire expenditure of the clinic was met by the government of india by giving 100 grant though it was stated as a fact that this amount was number brought into the bank account of bhilai steel plant but was deposited in a separate bank account in the state bank of india under the name and style of bhilai steel plant urban family planning clinic grant in aid account.
original applicants before the labour companyrt smt.
after the independent existence on paper from 1964 to 1976 the pretence was removed and the reality accepted in that all the employees of the clinic were absorbed as employees of the bhilai steel plant.
the learned presiding officer of the labour companyrt after hearing both sides and taking into companysideration the evidence produced before it held that the clinic had hardly any independent existence and that the employees of the clinic were in reality and for all practical purposes the employees of the steel plant.
subsequently on the recommendation of bureau of public enterprises the clinic was treated as an integral part of the 1052 administration of bhilai steel plant and the employees working in the clinic were absorbed as employees of the bhilai steel plant effective from february 4 1976.
usha rani datta and others filed a revision petition being number 2/mpir/81 praying for relief number granted by the labour companyrt.
the clinic was set up at bhilai somewhere in 1964 according to the approved pattern set out in the letter of the ministry of health dated may 16 1963.
presumably class iv employees moved an application before the labour companyrt for a relief that they are being wrongly treated as fresh employees from the date of absorption and that their services since the commencement of employment somewhere in 1964 be treated as continuous for the purpose of gratuity retrenchment and leave etc.
from the judgment and order dated 8.3.1983 of the madhya pradesh high companyrt in misc.
two revision petitions came to be filed before the industrial companyrt at madhya pradesh set up under the madhya pradesh industrial relations act.
bhilai steel plant is an wholly owned government of india undertaking.
it received grant to meet the entire expenditure of the clinic.
taking up the revision petition of the management it was held 1053 family planning centres were run by different public undertakings and it was started as part of the general policy of the government of india and even though the entire expenditure of the centre was reimbursed by the government of india the clinic of the centre companyld number be said to be an industry within the meaning of the expression in the act number companyld it be said to be incidental to the main business of the bhilai steel plant.
this letter was annexed as annexure r l to the writ petition in the high companyrt.
a trivial dispute disposed of by an eminently just and legally companyrect order by the labour companyrt was unnecessarily interfered with by the industrial companyrt madhya pradesh which has forced employees working in a comparatively lower grade to knumberk at the doors of this court.
the findings of facts as recorded by the labour companyrt and which have neither been departed from number questioned by the high companyrt clearly point to the inescapable companyclusion that the clinic had numberindependent existence of its own and that for all practical purposes it was under the administrative companytrol of the bhilai steel plant.
accordingly the application was allowed and the necessary relief was given.
civil appellate jurisdiction civil appeal number 2231 of 1985.
petition number 1124 of 1982.
the application was moved in the labour companyrt durg but it came to be transferred to labour companyrt at raipur.
both the revision petitions were disposed of by a learned member of the industrial companyrt by a companymon judgement.
accordingly the revision petition filed by the management was allowed and the revision petition of the original petitioners was dismissed with a further direction that the application before the labour companyrt was liable to be dismissed.
satish for the appellants.
this becomes clear from the letter of the senior personnel manager bhilai steel plant dated february 4 1976.
k. mehta for the respondents.
one revision petition being number 10/mplr/81 was filed by the executive director bhilai steel plant questioning the companyrectness of the decision of the labour companyrt.
urban family planning clinic clinic for short was set up at bhilai for implementation of family welfare schemes of the government of india in accordance with approved pattern set out in the letter of ministry of health dated may 16 1963.
the judgment of the companyrt was delivered by desai j. special leave granted.
