E.S.IC. MEDICAL OFFICER'S ASSOCIATION versus E.S.L.C. & ANR.

E.S.IC. MEDICAL OFFICER'S ASSOCIATION versus E.S.L.C. & ANR.

Medical doctors treating patients and diagnosing diseases are professionals, not workmen under Section 2(s) of the Industrial Disputes Act, 1947, due to the nature of their work and the distinction between profession and occupation.

Parties
Petitioner: E.S.I.C. Medical Officer's Association; Respondent: E.S.I.C.; Respondent: Another Respondent (ANR.)
Jurisdiction
India
Judgment Date
21 November 2013
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on SLP Against Delhi High Court Judgment
Outcome
Petition dismissed.
Legal Topics
Definition of Workman, Profession Versus Occupation, Medical Professionals Under Industrial Disputes Act
Labour Law Definition of Workman Profession Versus Occupation Medical Professionals Under Industrial Disputes Act

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Parties

E.S.I.C. Medical Officer's Association

Petitioner

E.S.I.C.

Respondent

Another Respondent (ANR.)

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on SLP Against Delhi High Court Judgment

Legal Issues

  1. 1 Whether medical doctors in ESIC dispensaries/hospitals are workmen under Section 2(s) of Industrial Disputes Act, 1947

Ratio Decidendi

Medical doctors treating patients and diagnosing diseases are professionals, not workmen under Section 2(s) of the Industrial Disputes Act, 1947, due to the nature of their work and the distinction between profession and occupation.

Court Disposition

Petition dismissed.

Orders

  • SLP dismissed; no interference with the High Court judgment.