Ram Manohar Lohia Joint Hospital vs Munna Prasad Saini

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 505

R. SUBHASH REDDY, SANJIV KHANNA
Ram Manohar Lohia Joint Hospital – Appellant
Versus
Munna Prasad Saini – Respondent

Advocates appeared:
For the Appellant(s) :Garima Prashad, Vishnu Shankar Jain, Advocates
For the Respondent(s):M C Dhingra, Vikrant Yadav, Gaurav Dhingra, Shobha Gupta, Gyanshyam Chaudhary, Advocates

JUDGMENT :

SANJIV KHANNA, J.

1. Leave granted.

2. The appellants, Ram Manohar Lohia Joint Hospital and two others, have filed this appeal taking exception to the order and judgment dated 15.11.2018 whereby Lucknow Bench of the High Court of Judicature at Allahabad has upheld the order dated 20.01.2010 passed by the Labour Court, Lucknow directing reinstatement of the first respondent herein, namely, Munna Prasad Saini along with compensation of Rs. 20,000/- (rupees twenty thousand only) for the period of unemployment and entitlement to full pay from the date of the said order.

3. We have heard counsel for the parties at length and are inclined to partly interfere with the impugned order.

4. The first aspect in the dispute is whether the first respondent workman was an employee of the second respondent, namely, Bombay Intelligence Security (I) Ltd. or an employee of the appellant Hospital.

5. The Presiding Officer, Labour Court, Lucknow, Uttar Pradesh, in his order dated 20.01.2010, has held that the first respondent was the employee of the appellant and not of the second respondent. In arriving at this conclusion, the Labour Court has relied upon the attendance register/duty chart and th

Click Here to Read the rest of this document