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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 16^th January, 2023

Date of decision: 26^th May, 2023

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LPA 99/2018 & CM NO. 49958/2022

BATRA HOSPITAL & MEDICAL RESEARCH

CENTRE OF CH. AISHI RAM BATRA PUBLIC

CHARITABLE TRUST

..... Appellant

Through: Mr. Harvinder Singh, Mr. Anil

Bhat, Mr. Vivek P. Gupta and

Mr. Balwant Chowbey, Advocates.

V

BATRA HOSPITAL EMPLOYEES UNION

….Respondent

Through: Mr. Sanjay Ghose, Senior Advocate

with Ms. Urvi Mohan, Advocate.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

J U D G M E N T

SUDHIR KUMAR JAIN, J.

1. The present judgment shall decide Letters Patents Appeal filed by Batra

Hospital & Medical Research Centre of Ch. Aishi Ram Batra Public

Charitable Trust (hereinafter referred to as “the appellant”) against Batra

Hospital Employees Union (hereinafter referred to as “the respondent”) to

Digitally Signed

By:JITENDRA

Signing Date:30.05.2023

16:16:35

Signature Not Verified

impugn the judgment dated 22.01.2018 (hereinafter referred to as “the

impugned judgment”) passed in W.P. (C) bearing no.5349/2004 passed by

the learned Single Judge whereby Award dated 03.11.2003 (hereinafter

referred to as “the impugned Award”) passed by the Industrial Tribunal-I,

Delhi (hereinafter referred to as “the Tribunal”) in ID no.20/2002 titled as

The Management of Batra Hospital V Workmen as represented by Ch.

Aishi Ram Batra Charitable Trust Employees Union was set aside.

2. The factual position as emerging is that the Secretary (Labour),

Government of National Capital Territory of Delhi has referred a dispute

arising between the management of M/s Batra Hospital and its workmen

represented by Ch. Aishi Ram Batra Charitable Trust Employees Union vide

notification no.F.24 (66)/2002-Lab./2586-90 dated 01.02.2002 with the

following terms of reference:-

3. The workmen of M/s Batra Hospital as represented by Ch. Aishi Ram

Batra Charitable Trust Employees Union (hereinafter referred to as “the

workmen”) in the statement of claim have stated that the management of

M/s Batra Hospital (hereinafter referred to as “the management”) is

Digitally Signed

By:JITENDRA

Signing Date:30.05.2023

16:16:35

Signature Not Verified

engaged in the business of running of hospital and has grown from a small

hospital in 1996 to a 300-bedded Hospital and the patients coming to the

hospital are asked to pay medical charges and not a single patient is given

free treatment except a few VIPs and highly connected people to fulfil the

formalities of charity. The management does not have non-profitable

character and has denied bonus to its workers. The hospital named itself as

Research Centre which is merely a camouflage and the hospital is being run

purely on commercial basis as reflected from its balance sheet. The trust

which owns the hospital is founded and controlled by the members of one

family and the resources and profits are used by these family members. The

workmen are entitled to bonus. The Payment of Bonus Act, 1965

(hereinafter referred to as “the Act”) is applicable to the management and

the hospital does not fall under the exemption of section 32(v)(c) of the Act.

4. The management filedwritten statement to contest the statement of claim

preferred by the workmen. The management in preliminary objections

stated that actual name and the description of the management is Batra

Hospital and Medical Research Centre of Ch. Aishi Ram Batra Public

Charitable Trust and not Batra Hospital as referred in the reference. Ch.

Aishi Ram Batra Charitable Trust Employees Union is not in existence and

Digitally Signed

By:JITENDRA

Signing Date:30.05.2023

16:16:35

Signature Not Verified

as such the union which has raised the dispute does not have any locus

standi to file the claim and Vijay Singh does not have locus standi to sign

the statement of claim. The dispute is not espoused and appreciable numbers

of e