Law: Punjab Industrial Relations Act, 2010

Section: 1(3)(e) , 33

Law: Punjab Medical and Health Institutions Act, 2003

Section: 3(3)

Punjab Industrial Relations Act, 2010 (XIX of 2010)-- ----Ss. 1(3)(e) & 33--Punjab Medical and Health Institutions Rules, 2003, R. 3(3)--Daily wagers--Regularization--Permanent workman status--Government Hospitals--Labour Court jurisdiction--Grievance notice--Grievance petition--Termination/reinstatement--Consequential benefits--Constitutional petitions--Remand by High Court-- question of law involved in this case is as to whether hospitals run by government are excluded from jurisdiction of labor Court under clause (e) of sub-section 3 of section (1) of Punjab Industrial Relations Act 2010 (which shall hereinafter to be called as Act) and if they are not entitled any relief under Act, 2010, they are still entitled to relief under Industrial and Commercial Employment (Standing Orders) Ordinance 1968 (hereinafter to be referred as Ordinance)-- employees, who claimed that their termination is not legally justifiable, therefore, they being workmen could invoke jurisdiction of labour Court by filing grievance petition u/S. 33 of Act, 2010--Clause (f) stated that Board shall ensure that poor patients and vulnerable Sections of society shall be adequately provided healthcare and facilities by hospitals--Clauses (e) and (g) do not make hospital as industrial or commercial establishment even if government decides payment be received from private patient, it could not lead to an inference that hospitals are run as a business in a commercial way as primarily hospitals are meant for free services by government to patients without any profit motive--An establishment which employs/ workman must be for purpose of carrying any business or industry, hence hospitals run by government did not fall under it as these did not run for purposes of any business like an industry-- Scope of Ordinance, 1968 is such clauses of commercial establishments enumerated from 1 to 14 and that of industrial establishments-- However, a hospital running on commercial basis is not excluded from purview of labour Court-- As far as co-relation of two laws are concerned, it is important to note here that under Section 33 of Act of 2010 forms for redressal of individual grievance had been provided--…