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1997 Supreme(P&H) 1676

B.RAI, G.S.SINGHVI
Simla Devi – Appellant
Versus
Presiding Officer, Labour Courts – Respondent


Judgment

G.S.Singhvi, J.

1. This is a petition to quash the award dated 22.5.1997 passed by the Labour Court, Bathinda in reference No. 119 of 1994.

2. The facts necessary for deciding this petition are that the petitioner was employed as a Class-IV employee under the respondent No. 3 w.e.f. 8.9.1992. She raised an industrial dispute challenging the termination of her services w.e.f. 19.8.1993 on the ground of violation of Section 25-F of the Industrial Disputes Act, 1947 (for short the Act) and unfair labour practice as well as the violation of the principles of natural justice. The respondent Nos. 2 and 3 contested her claim by stating that the petitioner was engaged as a part-time employee and her service stood terminated on completion of the period of employment. They also contended that the provisions of the Industrial Disputes Act are not applicable to her case. By its award dated 17.1.1996, the labour Court held that the provisions of the Act are not attracted because the Hospitals and dispensaries do not come within the ambit of industry as defined Under Section 2(j). It also held that the termination of the service of the workmen is covered by Section 2(oo)(bb) of the Act.









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