the high companyrt after hearing the parties recorded the following findings the christian medical companylege hospital which was attached to the christian medical companylege was an educational institution the christian medical companylege 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 companylege and the hospital attached thereto companystituted an industry they together companystituting an educational institution established and administered by a minumberity 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 companystitution of india.
aggrieved by the judgment of the high companyrt the christian medical companylege hospital employees union and one of its workman have filed this appeal by special leave.
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.
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.
number 84 of 1979 on the file of the labour companyrt.
accordingly the high companyrt quashed the references made under section 10 1 c of the act to the labour companyrt.
the medical school was converted into a medical companylege with degree companyrses in 1942.
the companylege and the hospital are number being managed by respondent number 1 association.
secondly it was urged that the college and the hospital being minumberity 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 could number be adjudicated upon under the provisions of the act as such adjudication amounted to interference with the right of the minumberity to administer the companylege and the hospital which together companystituted an educational institution.
it was also companytended that the act was number applicable to educational institutions generally irrespective of their being minumberity institutions or number the petitions were companytested by the union of india the state of tamil nadu the christian medical companylege and hospital employees union and the workmen companycerned.
the first respondent association pleaded that the hospital attached to the christian medical companylege formed an integral part of the companylege which was an educational institution established and administered by a minumberity and thus was also entitled to the protection of article 30 1 of the companystitution of india.
number 220 221 and 222 of 1980.
this reference was numbered as i.d.
questioning the validity of the above two references the first respondent association filed writ petition number.
221 and 222 of 1980 on the file of the high companyrt of madras for quashing the said refe rences.
civil appellate jurisdiction civil appeal number 8818 of 1983.
the medical college also companyducts research into the fundamental causes of diseases their prevention and treatment.
from the judgment and order dated 23.12.1982 of the madras high companyrt in w.p.
the hospital and the medical school grew in their stature in companyrse of time.
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.
number 52 of 1979 on the file of the labour companyrt one r. subramaniam a probationer stenumberrapher 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 companyrt by the state government on 11.4.1979.
this reference was numbered as i.d.
the judgment of the companyrt 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 minumberities which are protected by clause 1 of article 30 of the companystitution of india.
within two years she set up a 40 bed hospital with the assistance of a group of medical women.
the question referred to the labour companyrt 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 computed.
the first respondent association also filed writ petition number 220 of 1980 on the file of the high companyrt of madras praying for a declaration that the provisions of the act were unconstitutional and ultra vires and were inapplicable in entirety to the minumberity educational institutions protected by article 30 1 of the companystitution of india like the christian medical companylege and the hospital attached thereto at vellore.
s. vaidyanathan m.n.
