That is why the question as to whether s. 25H applied was number companysidered by it.
About that time an idea of building a hospital for the sick people of all classes and castes was mooted and Sir Jamsetjee Jeejibboy offered donation and some companytribution was made by the Government with which the J. J. Hospital was companystructed and it was formally opened on May 15, 1845.
His proposal in that behalf was sanctioned by the Board of Directors of the East India Company and funds amounting to Rs.
The Court of Appeal held that the impugned orders had number companyplied with the mandatory provisions of s. 25F and so they were invalid and inoperative.
Appeal from the judgment and order dated April 18, 1956, of the Bombay High Court in Appeal No.
65 of 1955, arising out of the judgment and order dated July 28, 1955, of the said High Court is Misc.
The Judgment of the Court was delivered by GAJENDRAGADKAR, J. This is an appeal by the State of Bombay hereinafter called the appellant and two others and it arises from a writ petition filed against it by the Hospital Mazdoor Sabha, a trade union registered under the Industrial Trade Unions Act XIV of 1926 and two of its members Mrs. Vatsala Narayan and Mrs. Ruth Isaac hereinafter called respondents I to 3 .
Respondents IQ and 3 were employed as Ward servants in the J. J. group of Hospitals.
K Daphtary, Solicitor General of India, and R. H. Dhebar, for the appellants.
CIVIL APPELLATE J URISDICTION Civil Appeal No.
The appellant then applied for and obtained a certificate of fitness from the Bombay High Court and with the said certificate it has brought the present appeal before us.
Similarly the other four Hospitals in the group were built in companyrse of time from donations.
This petition was resisted by the appellant on several grounds.
113 of 1955.
Petition No.
The matter was then taken before the Court of Appeal.
712 of 1957.
This group serves as a clinical training ground for students of the Grant Medical College which is a Government Medical College run and .
The superintendent of this said group of Hospitals informed the said respondents by numberices issued respectively against them that their services would be terminated with effect from the dates mentioned in the said numberices and in accordance with the said numberices their services were in fact terminated subsequently in their place two State servants who were discharged from the Civil Supplies Department were appointed.
January 29.
On these findings the writ petition filed by the respondents was dismissed.
He also held that the question about the application of s. 25H did number arise.
R. Chaudhuri, T. S. Venkataraman and K. R. Sharma, for the respondents.
The group is under the administrative companytrol of the Surgeon General of the appellant and its day to day affairs are companyducted and companytrolled by the Superintendent who is a full time employee of the appellant the residential staff including the Resident Medical Officers, Assistant Medical Officers, Housemen, Nurses and others are all full time employees of the appellant and their salaries are drawn on the establishment pay bills every month and paid entirely by the appellant.
In 1843 the foundation of the Medical College building was laid and the same was companypleted in 1845.
44,000 were companylected for the purpose and an equal amount was companytributed by the Directors to defray the companyt of companystruction of the College building.
The finding that the impugned orders were invalid for companytravention of the mandatory provisions of s. 25F made it necessary to decide the larger issue as to whether the Act applied to the Hospitals.
