Judgment :-

K.S. Radhakrishnan, J.

1. Delay condoned.

2. We are, in this case, concerned with the question whether medical doctors discharging functions of medical officers i.e. treating patients in Employees’ State Insurance Corporation’s dispensaries/hospitals are “workmen” within the meaning of expression contained in Section 2(s) of the Industrial Disputes Act, 1947 (for short “ID Act”).

3. Petitioner is an Association of medical officers employed in the ESCI after the year 1974. The Association raised a claim for ESIC allowance of Rs.200/- per month on the ground that they were performing the same duties as those by doctors who are getting the said allowance and, therefore, could not be discriminated against. The Central Government referred the above dispute on 19.11.1992 for adjudication by the Central Government Industrial Tribunal, New Delhi (CGIT). CGIT in I.D. No.104 of 1992 answered the reference in favour of the Petitioner Association holding that the medical doctors discharging functions of medical officers are “workmen” within the meaning of Section 2(s) of the ID Act. The Tribunal also held that there was no material to show that the said medical doctors were employed in