IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 OP.No. 7674 of 2000(L) ---------------------- PETITIONER: ------------ 1. KOZHIKODE DISTRICT CO-OPERATIVE HOSPITAL LTD., ERANJIPALAM, CALICUT-6, REP. BY ITS PRESIDENT. 2. THE SECRETARY, KOZHIKODE DISTRICT CO-OPERATIVE HOSPITAL LTD., ERANJIPALAM, CALICUT-6. BY ADV. SRI.U.K.RAMAKRISHNAN (SR.) SRI.E.K.MADHAVAN SRI.P.V.LOHITHAKSHAN RESPONDENTS: ------------- 1. THE LABOUR COURT, KOZHIKODE. 2. DR.P.K.CHACKO, SUBHAIR QUARTERS P.O., ERANJIPALAM, CALICUT-6. BY GOVERNMENT PLEADER FOR R1 SRI.M.PATHROSE MATTHAI (SR.) FOR R2 SRI.SAJI VARGHESE FOR R2 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/06/2008, ALONG WITH OP NO. 6636 OF 2000,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NOS.12774 & 31404/2000 IN O.P. NO.7674/2000 DISMISSED: 26.6.2008 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF CIRCULAR DT.23.2.1985 ISSUED BY THE PETITIONER. P2: TRUE COPY OF CHARGE SHEET ISSUED TO R2. P3: TRUE COPY OF AWARD OF R1 IN I.D. NO.74/1993. P4: PHOTOGRAPH OF THE NAME BOARD OF THE APPOLO LABORATORY WHEREIN PETITIONER'S NAME IS WRITTEN NEAR THE ENTRANCE TO ROOM NO.3, CORPORATION BUS STAND BUILDING, INDIRA GANDHI ROAD, CALICUT. P5: PHOTOGRAPH OF THE NAME BOARD OF THE APPOLO LABORATORY AND CORPORATE CLINIC WHEREIN PETITINER'S NAME IS WRITTEN IN FRONT OF ROOM NO.3, CORPORATION BUS STAND BUILDING, INDIRA GANDHI ROAD, CALICUT. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... O.P. Nos.7674 & 6636 of 2000 .................................................................... Dated this the 26th day of June, 2008. JUDGMENT The question raised is whether "Doctor" is a workman within the meaning of Industrial Disputes Act, 1947. Even though Single Bench of this court has taken the view that a medical doctor can be a workman under the Industrial Disputes Act in the decision in MAR BASELIUS MEDICAL MISSION HOSPITAL V. JOSEPH BABU (2007(1) KLT 783, counsel for the management referred to decision of the Supreme Court in MUIR MILLS UNIT OF N.T.C.(U.P.) LTD. V. S.P.SRIVASTAVA (2007-1-LLJ-801) wherein the Supreme Court has clearly held that a professional is not a workman. On going through paragraphs 36 to 38 of the said judgment, I feel the matter now stands covered by decision of the Supreme Court whereby a professional like medical doctor cannot be treated as a workman for the purpose of Industrial Disputes Act. Even though counsel for the claimant requested for grant of Section 17B benefit, I do not think the same can be granted when the person is found to be not covered by the statute. Even though counsel relied on the decision of this court in CANNANORE DISTRICT BANK JEWEL APPRAISERS ASSOCIATION V. MALABAR 2 GRAMIN BANK (1994(2) KLT 154) and the decision of the Supreme Court reported in 2000-2-LLJ-792 to the effect that once Labour Court has found the claimant as workman, he is entitled to Section 17B benefit, I feel the same should be granted only as an interim order at the time of admission of O.P. Once it is found that claimant is not covered by the statute in the course of disposal of O.P., there is no scope for granting Section 17B benefit which is a relief of interim nature. The claim is, therefore, rejected. Consequently O.P. 7674/2005 filed by the management is allowed vacating the impugned order of the Labour Court and O.P. 6636/2000 filed by the claimant for balance back wages is dismissed. C.N.RAMACHANDRAN NAIR Judge pms