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2018 Supreme(Del) 933

C.HARI SHANKAR
Batra Hospital Employees Union – Appellant
Versus
Batra Hospital & Medical Research – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjoy Ghose, Ms. Urvi Mohan and Mr. Rhishabh Jetley, Advs.
For the Respondent: Mr. Manish Sharma with Mr. Ninad Dogra, Advs.

JUDGMENT :

1. The Batra Hospital Employees Union claims, in this petition filed under Articles 226 and 227 of the Constitution of India, to be aggrieved by an Award, dated 03rd November 2003, passed by the Industrial Tribunal-I, Karkardooma (hereinafter referred to as “the Tribunal”), which holds that the provisions of the Payment of Bonus Act, 1965 do not apply to the Batra Hospital and Medical Research Centre.

2. The Batra Hospital and Medical Research Centre (hereinafter referred to as “the respondent-Hospital”) was, admittedly, managed and run by the Ch. Aishi Ram Batra Charitable Trust (hereinafter referred to as “the Trust”). On 23rd July 1999, the “Batra Hospital & Medical Research Centre of Ch. Aishi Ram Batra Charitable Trust Employees” Union (Regd. No. 4144)” – which, admittedly, was the rather unwieldy moniker given to itself by the Union of employees of the respondent-Hospital – wrote, to the Management of the respondent-Hospital, contending that the workmen of the respondent-Hospital were entitled to be paid bonus, under the Payment of Bonus Act, 1965 (hereinafter referred to as “the Act”). The said communication was exhibited, before the Tribunal, as Ex. WW-1/A. The res








































































































































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