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                                      20 March 2024




 Neeta Sawant                                                 WP-9957-2023 & 3 Ors.-JR(K)




14)              Mr. Talsania would take me through the evidence on

record to demonstrate as to how Tata Memorial Hospital is an autonomous body controlled by the Central Government. Inviting my attention to the deposition of Smt. Bharati S. Rai, Under Secretary in the Department of Atomic Energy (DAE), he would submit that the official of the Ministry herself deposed before the Labour Court that Tata Memorial Hospital is fully funded and aided by the DAE, Government of India and is also under the administrative control thereof. That the accounts of the Centre are audited by the internal accounts unit of the DAE as well as by the Comptroller and Auditor General of India through the Indian Audit and Accounts Department. He would submit that once the Governing Official deposed before the Labour Court that Tata Memorial Hospital is under the administrative control of the Govt of India, it was not necessary for the Petitioner to produce any further evidence to prove the said contention. Relying on the Office Memorandum dated 14 March 2000 issued by the DAE, Mr. Talsania would submit that the Governing Council of Tata Memorial Hospital consists of three ex-officio members of the Government of India, including the Chairman, in addition to two members nominated by it. That all members of the Governing Council are appointed by the Govt. of India except the two trustees of Sir Dorabjee Tata Trust. He would take me through series of documents to prove deep and persuasive control of the DAE on the affairs of Tata Memorial Hospital. That by Office Memorandum dated 26 July 1988, the Central Government applied the pension scheme under the Civil Services (Pension) Rules to the employees and officers of the TMC. That by the Office Memorandum dated 6 February 2017, the DAE applied the provisions of 7th Pay Commission to the staff members of TMC. That for even a minuscule matter such as replacement of a bus, the Centre is 20 March 2024 Neeta Sawant WP-9957-2023 & 3 Ors.-JR(K) required to take approval from DAE. He would submit that the Petitioners proved before the Labour Court that it is an autonomous body controlled by the Central Government and that the Industrial Court has erroneously reversed the decision of the Labour Court. That in rest of the three petitions, the Industrial Court has erroneously held that the appropriate government for Petitioners is the State Government. That the findings recorded by the Industrial Court suffers from the vice of perversity and are liable to be set aside. That the Industrial Court has erroneously gone into the issue of 'controlled industry', which is totally irrelevant for the purpose of deciding whether Tata Memorial Centre is an autonomous body controlled by the Central Government or not. That the provisions of Section 14 of the Administrative Tribunals Act have been erroneously applied in the present case, which has no relevance for deciding the issue. He would therefore pray for setting aside the decisions of the Industrial Court in all the four petitions.