An award by the Industrial Tribunal, Chennai, for employees of the Vijaya Hospital and its units in metropolis modifying shift hours has been set aside by Madras High Court.

Allowing a writ petition by Hospital challenging award dated July 4,2008 by the Tribunal, to which a reference was made by TN Government by order dated January 23, 2003 , Mr Justice K. Chandru cited a judgement of Supreme Court (Associated Cement Staff Union vs Associated Cement Co reported in AIR 1964 SC 914) and observed that if that judgement was kept in mind, Tribunal would not have interfered with timings fixed by petitioner for their employees.

“The Tribunal had not given any single reason to modify shift hours except bringing its own concept of overlapping shift and lean hours during which patients will take rest. The Tribunal also did not look into pleadings of parties and oral and documentary evidence let in by petitioner,” the Judge observed.

Following expiry of settlement dated December 1, 1999 on duty hours for employees, unions placed before management fresh charter of demands. Unions were not agreeable for management's proposals, and on failure of conciliation, TN Govt. Govt asked Tribunal to adjudicate on the issue.

Petitioner contended that nature of industry was such that patient care could not be diluted, and working hours of employees were so designed to ensure proper care of patients without incurring financial burden to hospital. Working hours were fixed in accordance with industrial practice and working hours of most categories of employees had been accepted by management.

Some unions demanded revision of shift timings/working hours and workmen should be given six hours working for I shift, seven hours for II shift and 12 hours for night shift in respect of staff nurse, ayahs, paramedicals (nurse aid) etc.

Tribunal (R-1) found there was over-lapping between morning shift and day shift. Even if consulting doctors required presence of staff, necessary instructions would have been given on previous day, and hence, there would not be any dislocation. Tribunal held that unions had made out a case for changing overlapping of shift timings. Challenging award, writ petition was filed.

The Judge pointed out that merely because a reference was made, that did not give a jurisdiction to Tribunal to alter shift working on its ipse dixit. Tribunal did not even look into evidence placed by parties.

Merely acting on its own, Tribunal held that between 2 and 4 pm was a overlapping shift and hence, timings could be altered. It was not clear as to how Tribunal could reduce working hours by altering shift timings, but at same time holding that overall weekly working hours should be 48 hours. Citing judgement of apex court in Associated Cement case, the Judge said court had warned Tribunals against altering shift working so that workers would get overtime wages.

Under the circumstances, impugned award of Tribunal was wholly erroneous and hence it stood set aside, the Judge held.

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