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36. Both the petitioner trusts are charitable institutions. Petitioner No. 1, was running a medical centre known as T.M. Vadodariya Medical Centre at Botad. As it is noticed from the record, as a part of implementing and executing and carrying out its objects to serve the larger cause of the ailing public in a small place like, Botad, in Bhavnagar District, and surrounding areas of Botad, the Petitioner No. 2 Trust undertook the management and administration of the said medical centres and hospital under an agreement dated January 16, 1992. By virtue of the agreement, the liabilities prior to the date of the agreement will be that of Petitioner No. 1 Trust. The pronounced purpose and avowed object of the charitable trust of the Petitioner No. 1 Trust has been mentioned in Para 3 of the petition. The avowed charitable objects of the Petitioner No. 2 Trust have also been, elaborately, articulated in the affidavits.

57. Be that as it may. Since there are several aspects other than the capacity to pay of the employer and the financial position of the industry which have also not been examined in the proper perspective, instead of deciding and determining the merits of the present petition, it would be just and reasonable to remand the matter to the Labour Court to adjudicate upon afresh the reference raising the industrial dispute in the light of the aforesaid relevant considerations, criteria, guidelines and the relevant proposition of law so that a just balance can be struck between the interest of the employees and the interest of the industry and the unit like that of the petitioner trusts which are charitable trusts engaged in translating a pronounced object and avowed design to provide easy and cheap medical care and facilities and better and higher treatment to the ailing patients coming from Botad and other villages who are predominantly coming from poor and down-trodden strata of the society.