Service rule
MrunaliniBadavane
(Querist) 24 May 2016
This query is : Resolved
respected sir,
what are the service rule of charitable hospital, ( trust also) in this hospital more then 250 employee are working, in this hospital labour law can applicable, suppose labour law is applicable then they are provide casual leave, and they are deducted sick leave ( LWP) 10 leave sick is given suppose employee is hopitalized that time they are deducted extra leave as LWP
In sick leave they can made the LWP please every thing me explain and what are the service rule of charitable hospital
Kumar Doab
(Expert) 24 May 2016
This hospital, your dept/div/section etc might be registered under Shops & Estbs Act.
The leave policy can offer superior benefits but can not be inferior to the provisions of the enactments applicable to the establishment.
So relate with the Act.
If you are unable to understand take help of seasoned Employee's/trade union leaders, able labor Law Consultant at your location.
You can also visit o/o Labor commissioner and understand from ALC/DLC etc.....
MrunaliniBadavane
(Querist) 24 May 2016
this hospital is the trust hospital not Shops & Estbs Act.
under bombay trust act, then only I want to know can sick leave can be lwp any condition
Kumar Doab
(Expert) 24 May 2016
The existence of employer-employee, master-servant relationship should decide such issues and not the constitution of the establishment.
Is some kinds of manufacturing or trading activities being carried out, for profits?
A seasoned local counsel can advise you further.
>>> Bombay Shops and Establishments Act, 1948; Section 2: Definitions: (4) "Commercial establishment" means an establishment which carries on, any business, trade or profession or any
work in connection with:............. medical practitioner............ and charitable or other trust, whether registered or not, which carries on (whether for purposes of gain or
not) any business, trade or profession or work...................
>>> THE BOMBAY PUBLIC TRUSTS ACT, 1950
56M. Terms and condition of service of secretary and other servants.—
(1) The Secretary, officer and servants shall be appointed on such terms and
conditions as to service as may be prescribed by rules or, as the case may be,
by regulations made by the committee
56R. Power to supersede a committee.—
(1) If the State Government is of opinion that a committee is unable to perform
or has persistently made default in the performance of, the duties imposed upon
it by or under this Act, or has exceeded or abused its powers, the State
Government may, by notification in the official Gazette, supersede the
committee for such period as may be specified in the notification:
Functions of Charity Commissioner, Procedure, Jurisdiction and Appeals
68. Duties, functions and powers of Deputy or Assistant Charity
Commissioner:
http://mahacharity.gov.in/static_pages/pdf/B.P.T.Act,1950.pdf
>>> Is there any employee's unions?
>>> MRTU and PULP Act are maintainable, in your case.
>>> Is it an `industry' within the concept of industry as defined in Industrial Disputes Act
( Look into Bangalore Water Supply and Sewerage Board vs Rajappa)
Kumar Doab
(Expert) 30 May 2016
Charitable trusts are "industry" as defined under the Industrial Disputes Act 1947 and as interpreted by the Honourable Supreme Court in Bangalore Water Supply and Sewerage Board vs Rajappa
If any charitable institution employs a worker it should be under the purview of labor laws!
Kumar Doab
(Expert) 31 May 2016
You may also go thru the discussion in another thread that is relevant and useful:
http://www.lawyersclubindia.com/experts/Payment-of-gratuity-600816.asp
