LexE.S.IC. MEDICAL OFFICER'S ASSOCIATION versus E.S.L.C. & ANR.
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[2013] 12 S.C.R. 907 E.S.l.C. MEDICAL OFFICER'S ASSOCIATION A v. E.S.l.C. & ANR. (Special Leave Petition (Civil) No.35821 of 2013) NOVEMBER 21, 2013 B [K.S. RADHAKRISHNAN AND A.K. SIKRI, JJ.] Industrial Disputes Act, 1947 - s. 2(s) - A medical professional, whether a workman - Held: A medical professional, treating patients and diagnosing diseases C cannot be termed as 'workmen' within meaning of s.2(s). Words and Phrases - 'Occupation' and 'Profession' - Distinction between - Discussed. The question for consideration in the present petition D was whether medical doctors discharging functions of medical officers i.e. treating patients in Employees' State Insurance Corporation's dispensaries/hospitals are "workmen" within the meaning of expression contained in Section 2(s) of the Industrial Disputes Act, 1947. E Dismissing the petition, the Court HELD: A medical professional, treating patients and diagnosing diseases, cannot be held to be a "workmen" F within the meaning of Section 2(s) of the Industrial Disputes Act. Doctors' profession is a noble profession and is mainly dedicated to serve the society, which demands professionalism and accountability. Distinction between occupation and profession is of paramount importance. An occupation is a principal activity related G to job, work or calling that earns regular wages for a person and a profession, on the other hand, requires extensive training, study and mastery of the subject, 907 H 908 SUPREME COURT REPORTS [2013] 12 S.C.R. A whether it is teaching students, providing legal advice or treating patients or diagnosing diseases. Persons performing such functions cannot be seen as a workman within the meaning of Section 2(s) of the Act. [Para 11] [913-B-D] B Muir Mills Unit of NTC (UP) Ltd. vs. Swayam Prakash Srivastava (2007) 1 SCC 491: 2006 (9) Suppl. SCR 1028; Heavy Engineering Corporation Ltd. vs. Presiding Officer, Labour Court and Ors. (1996) 11 SCC 236: 1996 (8) Suppl. C SCR 92; A. Sundarambal vs. Govt. of Goa, Daman and Diu (1988) 4 sec 42: 1988 (1) Suppl. SCR. 604 - relied on. D E F Case Law reference: 1996 (8) Suppl. SCR 92 relied on 2006 (9) Suppl. SCR 1028 relied on 1988 (1) Suppl. SCR 604 relied on Para 8 Para 11 Para 11 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 35821 of 2013. From the Judgment & Order dated 07.05.2013 of the High Court of Delhi at New Delhi in Writ Petition (C) No. 6760 of 2010. Anil Kumar (for S.K. Verma) for the Petitioner. The Judgment of the Court was delivered by K.S. RADHAKRISHNAN, J. 1. Delay condoned. 2. We are, in this case, concerned with the question G whether medical doctors discharging functions of medical officers i.e. treating patients in Employees' State Insurance Corporation's dispensaries/hospitals are "workmen" within the meaning of expression contained in Section 2(s) of the Industrial Disputes Act, 1947 (for short "ID Act"). H E.S.l.C. MEDICAL OFFICER'S ASSOCIATION v. 909 E.S.l.C. & ANR. [K.S. RADHAKRISHNAN, J.] 3. Petitioner is an Association of medical officers A employed in the ESCI after the year 1974. The Association raised a claim for ESIC allowance of Rs.200/- per month on the ground that they were performing the same duties as those by doctors who are getting the said allowance and, therefore, could not be discriminated against. The Central Government B referred the above dispute on 19.11.1992 for adjudication by the Central Government Industrial Tribunal, New Delhi (CGIT). CGIT in l.D. No.104of1992 answered the reference in favour of the Petitioner Association holding that the medical doctors discharging functions of medical officers are "workmen" within c the meaning of Section 2(s) of the ID Act. The Tribunal also held that there was no material to show that the said medical doctors were employed in managerial or administrative capacity or in a professional capacity. Consequently, it was held that the officers could be defined as skilled workmen doing job of a D skilled nature. Further, it was also observed that engagement of the medical doctors in intellectual activities of treating patients cannot take them out of the definition of the expression "workmen". 4. Aggrieved by the above-mentioned Award, the E Corporation approached the Delhi High Court by filing Writ Petition No.6760 of 2010. The learned Single Judge of the Delhi High Court allowed the Writ Petition holding that the Tribunal was
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