M.R. Shah, J.—By way of this petition under Article 227 of the Constitution of India, the petitioner-hospital management has challenged the legality and validity of the judgment and award dated 19.11.1997 passed by the Labour Court, Nadiad in Reference (LCA) No. 831 of 1986 directing the petitioner to reinstate the respondent with 50% back-wages with continuity of service.

2. Petitioner is one of the best Urological hospital in Gujarat i.e. ‘Muljibhai Patel Urological Hospital’ at Nadiad and the respondent was serving as nurse in the said hospital. The petitioner-hospital is a charitable hospital and research institution for kidney diseases registered under the Bombay Public Trust Act. It appears that the main object of the Trust is to provide social and medical services to the public and it seems that it is a non-profitable institution.

3. The respondent was appointed as staff nurse by order dated 06.02.1984 initially on probation for a period of six months. It is the case on behalf of the petitioner-hospital that one Shri Abbas Ali was suffering from kidney diseases, admitted as indoor patient in the petitioner-hospital and was operated for urine by pass surgery. The respon