management by the workman
from time to time; that the right leg of the workman was operated by
the doctors of AIIMS ... doctor, the workman can resume duty; that on 18.07.2006, the
workman was issued fitness certificate by the doctor of ESIC hospital,
CMO ESIC hospital, Basai
Workmen's Compensation Act, 1923 . Evidence was adduced by the workmen concerned. Not only the workmen were examined but the doctor who had issued ... eldest surviving dependant of the workman towards the expenditure of the funeral of such workman or where the workman did not have a dependant
performed by the above doctors. According to Mr. Gupte, learned Advocate appearing on behalf of the respondent doctors, since the doctors were required to devote ... respondent-doctor was doing the work of a technical nature and, therefore each of the respondent doctor constituted 'workman' as defined under Section
Hospital employed another Doctor in place of the Respondent Doctor after his services were terminated. The witness has stated that the Doctor has commenced private ... Doctor were terminated in accordance with the appointment letter also cannot be accepted. Once it is held that the Doctor is a workman, it would
accepted, it leads to several anomalies. The doctor who treated the workmen may not be available for various reasons and the workmen cannot be expected ... Single Judge has recorded finding in his order that the doctor who treated the workmen ought to have been examined and the certificate issued
compensation to the workman-respondent. The workman-respondent's witness Peter Mathews P. W. 2 stated on oath that the workman-respondent ... workman-respondent when the doctor examined him; and in cross-examination, however, the doctor said that prior to the workman-respondent being admitted
duties performed by the said doctors, it was held that the said
doctors cannot be described as workmen. In paragraph 11 it has been held ... extent, the doctor
has a fiduciary duty towards the patient which concept will be
totally obliterated if these doctors are treated as workman as
defined
percentage of loss of earning capacity/disability without examining the Doctor who treated the workman, and without examining any other medical Expert. The learned Counsel ... disablement irrespective of the nature of injuries sustained by the workman, ultimately the workman is the sufferer. In view of that, in the interest
drawing a salary which was more than that of a workman. Even otherwise, by any stretch of imagination it would be ridiculous to argue ... service put in by the workman itself may not be a ground to regularize services of ad hoc/temporary workmen against the sanctioned
Sugar Mills (supra), it was held that a compounder
or doctor is not a workman within Section 2(s) of the Act.
However, at that ... examined and ascertained to decide
whether a doctor is a workman. A doctor is required to treat the
W.P.(C) NO. 1713/1996 Page
