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1996 Supreme(SC) 1095

G.T.NANAVATI, S.C.AGRAWAL
R. B. Sewak Ram Maternity Hospital, Jalandhar – Appellant
Versus
Presiding Officer, Labour Court, Jalandhar – Respondent


S.C.AGRAWAL, J.

(1) HAVING regard to the affidavit of Dharam Pal regarding service of notice on Respondent 4, the service of notice on Respondent 4 is treated as sufficient. Service of notice on Respondent 6 is dispensed with.

(2) SPECIAL leave granted.

(3) THIS appeal relates to the employment of Respondents 2 to 5 (hereinafter referred to as the respondents) as Auxiliary Nurses and Midwives in R.B. Sewak Ram Maternity Hospital, Jalandhar (hereinafter referred to as the appellant Hospital). The respondents are holders of diploma for having passed the Auxiliary Nurses Midwives Examination held by the Jammu & Kashmir State Medical Faculty. They are, however, not registered under the Punjab Nurses Registration Act, 1932 (hereinafter referred to as "the Act"). They were employed as Nurses in the appellant Hospital. Having regard to the provisions contained in Section 17 of the Act, which prohibits appointment/employment of an unregistered nurse, the services of the respondents were terminated by the appellants. The said termination of services of these respondents gave rise to an industrial dispute which was referred for adjudication to the Labour



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