JUDGMENT - MHATRE NISHITA (Smt.), J.:—Writ Petition No. 2622 of 1995 has been filed by N.M. Wadia Charitable Hospital, Solapur (hereinafter referred to as the "Hospital") challenging the order dated 20th January, 1995 passed by the Member, Industrial Court, Solapur in Revision (ULP) No. 109 of 1993 filed by the Hospital as well as the order dated 18th November, 1993 passed by the Judge, 2nd Labour Court, Solapur in Complaint (ULP) No. 212 of 1987. The principle challenge in the petition is that the Labour Court and the Industrial Court have erred in their judgments as a Doctor or Medical Practitioner is not a workman as defined in section 2(s) of the Industrial Disputes Act, 1947.

2. Writ Petition No. 3683 of 1995 has been filed by the Doctor challenging the findings of the Labour Court that he was entitled to only 5% of back wages while granting reinstatement with continuity of service as well as the order of the Industrial Court in revision.

3. Both these petitions can be disposed of by a common judgment.

4. The facts in the present case are not disputed. The petitioner in Writ Petition No. 2622 of 1995 is a Charitable Hospital registered under the Bombay Public Trusts Act. The resp

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