9911796707
TMI Blog1996 (10) TMI 508X X X X Extracts X X X X X X X X Extracts X X X X ..... the First Aid Posts which are being maintained by the appellant corporation for providing emergency medical services in case of accidents etc. during all the shifts. This ad-hoc appointment to the temporary post was first extended for a period of three months by order dated 30th November, 1978. Second extension was granted for a period of two months by order dated 7th March, 1979. 3. The aforesaid temporary appointment of respondent No. 2, along with three other doctors who were appointed with him. Thus continued for a period of eleven months. By office order dated 17th April, 1979 these doctors were informed that on the completion of their term of appointment on ad-hoc basis they would be relieved of their duties with effect from the aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aw. It was also submitted that retrenchment compensation under the said section had not been given and he was also entitled to the benefit of Section 25-H of the Act and he should have been appointed again. On behalf of the appellant it was submitted that respondent No. 2 was not workman and that he had been appointed for a specified period and on completion thereof he was relieved from duty and, therefore, it could not be said that the provisions of Section 25-F of the Act were in any way attracted. It was also contended that respondent No. 2, after he had been relieved, had applied for fresh selection against open advertisement and, therefore, it must be regarded as if he had waived his right to challenge his termination of service. 5. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e tax payable thereon a sum of ₹ 81,838 was paid to the respondent on 17th October, 1990. It was also stated that respondent No. 2 vide appellant's letter dated 6th November, 1989 was asked to resume duty but he had failed to do so. Therefore in terms of the orders dated 17th March, 1988 of this Court respondent No. 2 become disentitled to receive any future salary and allowances. 8. The principal contention urged by Sh. Sanghi in this appeal is that respondent No. 2 could not be regarded as being a workman within the meaning of the expression as defined in Section 2(s) of the Act. At the relevant time total monthly emoluments of respondent No. 2 were in excess of ₹ 1200 and he was working in a supervisory capacity and, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired that he should perform supervisory function in addition to his treating the patients would mean that he had been employed in a supervisory capacity. The Railway Manual clearly stipulated that the Assistant Divisional Medical Officer would be responsible for the establishment and administration of the hospital or the health unit. This would obviously mean that the Assistant Divisional Medical Officers was employed in a supervisory capacity. 10. The decision in the case of the Bengal United Tea Co. Ltd. v. Ram Labhaya, Presiding officer, Industrial Tribunal, Assam and Ors. AIR (1961) Ass 30 is also of no assistance to respondent No. 2 because in that case the only question which was considered was whether the functions discharged by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are subordinate to this in-charge. 12. The aforesaid facts, in our opinion, clearly go to show that respondent No. 2 could not be regarded as a workman under Section 2(s) of the Act as he was working in a supervisory capacity. While it is no doubt true that respondent No. 2, along with the other doctors, used to work in shifts nevertheless during the time when he was in the shift he was the sole person in-charge of the first aid post. He had, under him male nurse, nursing attendant, sweeper and ambulance driver who would naturally be taking directions and orders from the in-charge of the first aid post. These persons obviously could not act on their own and had to function in the manner as directed by respondent No. 2 whenever he was on d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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