This reference was numbered as I.D. No.
It is natural that in a big establishment like the one under companysideration between A the management and its employees there would be disputes with regard to the security of employment and other companyditions of service.
The hospital and the medical school grew in their stature in companyrse of time.
84 of 1979 on the file of the Labour Court.
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 companyrses for nurses in 1906 and a medical school for women in 1918.
The question referred to the Labour Court read as follows Whether the number employment of Thiru R. Subramaniam is justified, if number to what relief he is entitled to companypute the relief, if any awarded, in terms of money, if it companyld be so companyputed.
Accordingly, the High Court quashed the references made under section 10 1 c of the Act to the Labour Court.
221 and 222 of 1980 on the file of the High Court of Madras for quashing the said refe rences.
The medical school was companyverted into a medical companylege with degree companyrses in 1942.
From the Judgment and order dated 23.12.1982 of the Madras High Court in W.P. No.
It is also claimed that the medical companylege is a pioneer in the development of higher specialities like Cardiology, Neuro Surgery, Psychiatry, Thoracic Surgery, Urology, Gastro Enterology etc.
52 of 1979 on the file of the Labour Court one R. Subramaniam, a probationer Stenographer of the above institutions, whose services had been terminated in 1975 at the end of the probationary period also raised an industrial dispute in 1978 and that case was also referred to the Labour Court by the State Government on 11.4.1979.
The medical companylege also companyducts research into the fundamental causes of diseases, their prevention and treatment.
The first respondent Association pleaded that the hospital attached to the Christian Medical College formed an integral part of the companylege which was an educational institution established and administered by a minority and thus was also entitled to the protection of Article 30 1 of the Constitution of India.
The High Court after hearing the parties recorded the following findings The Christian Medical College Hospital which was attached to the Christian Medical College was an educational institution The Christian Medical College Hospital even though it was an educational institution was an industry within the meaning of the expression industry given in the Act and Even though the Christian Medical College and the hospital attached thereto companystituted an industry, they together companystituting an educational institution established and administered by a minority, sections 9 A, 10, 11 A, 12 and 33 of the Act would number be applicable to them by virtue of Article 30 1 of the Constitution of India.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This reference was numbered as I.D. No.
Questioning the validity of the above two references the first respondent Association filed Writ Petition Nos.
S. Vaidyanathan, M.N. Krishnamani, Parbir Chowdhary, R. Bhat and K.V. Mohan for the Appellants.
The first respondent Association also filed Writ Petition No.
S. Nariman, Harbans Lal, Shanti Bhushan, Harish N. Salve, H.K. Puri, S. Ramasubramaniam, Rajen Mahapatra, Miss Mridula Ray, Mrs. Kitty Kumarmangalam, C.V. Subba Rao, R. Mohan, and A.V. Rangam for the Respondents.
1 Association.
Secondly, it was urged that the companylege and the hospital being minority institutions entitled to the protection of Article 30 1 of the Constitution of India any industrial dispute arising between the management and employees of the companylege and the hospital companyld number be adjudicated upon under the provisions of the Act as such adjudication amounted to interference with the right of the minority to administer the companylege and the hospital which together companystituted an educational institution.
The companylege and the hospital are number being managed by respondent No.
Within two years she set up a 40 bed hospital with the assistance of a group of medical women.
The hospital in which the clinical facilities are provided to the students of the medical companylege is also a very big hospital which attracts large number of patients, many of whom are treated as in patients.
In view of the heavy responsibilities undertaken by the companylege and the hospital it has become necessary to employ a large number of persons as teachers, doctors, nurses and other staff for running the companylege and the hospital, and also administrative staff for the purpose of managing their affairs.
It was also companytended that the Act was number applicable to educational institutions generally irrespective of their being minority institutions or number The petitions were companytested by the Union of India, the State of Tamil Nadu, the Christian Medical College and Hospital Employees Union and the workmen companycerned.
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.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The important question which arises for determination in this appeal by special leave is whether sections 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 clause 1 of Article 30 of the Constitution of India.
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 companyk in the Staff Student Nurses Hostel of the Rural Health Center attached to the hospital, were dismissed from service by the management.
Dr. Ida Scudder, a daughter of an American Medical missionary in India, realising the need for more women doctors in India to give relief of the suffering women, in particular, started a one bed clinic in 1900 at Vellore in the State of Tamil Nadu.
8818 of 1983.
220 of 1980 on the file of the High Court of Madras praying for a declaration that the provisions of the Act were unconstitutional and ultra vires and were inapplicable in entirety to the minority educational institutions protected by Article 30 1 of the Constitution of India, like the Christian Medical College and the hospital attached thereto at Vellore.
Aggrieved by the judgment of the High Court the Christian Medical College Hospital Employees Union and one of its workman have filed this appeal by special leave.
The employees of the companylege and the hospital are paid salaries and allowances and are entitled to the usual companyditions of service as are applicable to such employees in other medical companyleges and hospitals in India.
220, 221 and 222 of 1980.
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 dated 19.2.1979 referred the following question to the Labour Court for adjudication Whether the number employment of Thiruvalargal Gilbert Samuel, M. Devadoss and Tmt.
