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november 2013

Supreme Court of India · 2013-11-21

E.S.I.C MEDICAL OFFICER'S ASSOCIATION vs E.S.I.C

Citation / case number
SC 2013/31193
Court
Supreme Court of India
Petitioner
E.S.I.C MEDICAL OFFICER'S ASSOCIATION
Respondent
E.S.I.C
Author
K.S. Radhakrishnan
Bench
A.K. SIKRI K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court held that medical doctors functioning as medical officers in Employees’ State Insurance Corporation (ESIC) dispensaries are classified as 'workmen' under Section 2(s) of the Industrial Disputes Act, 1947. The Court overturned the Delhi High Court's ruling, emphasizing that the nature of their duties does not place them in managerial or administrative roles, thus entitling them to protections under the ID Act. The Court affirmed the Tribunal's decision that the doctors are skilled workmen deserving of equal allowances, reinforcing the principle of non-discrimination under Article 14 of the Constitution of India.

E.S.I.C MEDICAL OFFICER'S ASSOCIATION vs E.S.I.C · Niyam