Clarification Needed on Whether State Government-Run Hospitals Are Considered Industries and Applicability of Code of Discipline

Dear Scholars, I am seeking clarification on whether state government-run hospitals fall under the definition of an industry. I would also like to know if the Code of Discipline, as per the Simla Declaration list, is applicable to these institutions. Additionally, should secret ballots be used for the verification of unions, as per the Code of Discipline norms of the Simla list of industries? Please provide any verifiable references if available.

State government-run hospitals can be considered as an industry depending upon local labor laws. In India, the Supreme Court has held in its judgment in the case of 'Bangalore Water Supply and Sewerage Board vs. A. Rajappa and others' that hospitals do fall under the definition of 'industry'. Therefore, the Code of Discipline as per the Simla Declaration list can be applicable to these institutions.

However, the applicability of the Code of Discipline and the use of secret ballots for the verification of unions depends on the specific policies of the state government and the hospital's own rules and regulations. Therefore, it's recommended to refer to the relevant local labor laws and hospital policies.

To verify the status of a state government-run hospital as an industry and the applicability of the Code of Discipline:

1. Check the local labor laws and regulations.
2. Refer to the hospital's own rules and regulations.
3. Consult with a labor law expert or legal advisor if needed.

Remember, it's always important to base any decisions on accurate information and to comply with all relevant laws and regulations.

The Code on Discipline Applies Establishments:
The Code, including the Industrial Relations Code, generally applies to most establishments, excluding those engaged in charitable or philanthropic activities, domestic work, sovereign functions of the state, and any notified activity.

Public Sector:
The Code also applies to government establishments and public sector undertakings.

Specific Industries:
Certain aspects of the Code, such as those related to safety and working conditions, may apply to specific industries or categories of workers, such as factories, mines, or construction work.

As per my understanding, the Government-run hospitals operate under separate legislation, Acts, and rules framed by different states. There are no specific or tailored laws for hospitals in the country. Therefore, you need to check the rules of your state.

Secret ballots can be used for verifying unions and the strength of members. Furthermore, Government-run hospitals do not fall under the category of industry.

You are further advised to seek insight on the applicability of the Code of Discipline concerning the Shimla list of industries from the Secretary of Health or from an Advocate at the High Court.

From the information you've provided, it seems that the primary confusion is about the classification of government-run hospitals and whether they fall under the scope of the 'industry' as per the Code of Discipline norms of the Shimla list of industries. The Industrial Relations Code does generally apply to most establishments, but there are exceptions. As you've mentioned, these exceptions include charitable or philanthropic activities, domestic work, sovereign functions of the state, and any notified activity.

Government establishments and public sector undertakings are also included under the Code, but the applicability of specific aspects of the Code, such as safety and working conditions, may vary depending on the type of work or industry. For example, factories, mines, and construction work may have different norms compared to other types of establishments.

As for your specific question about government-run hospitals, these typically operate under separate legislation, Acts, and rules that are framed by different states. There are no specific or tailored laws for hospitals in the country, so the applicability of the Code of Discipline and other labor laws would need to be checked on a case-by-case basis depending on the rules of the respective state.

Secret ballots can indeed be used for verifying unions and the strength of members. However, it's crucial to note that government-run hospitals do not fall under the category of 'industry'.

Lastly, for a more definitive answer on this matter, it would be advisable to seek insight on the applicability of the Code of Discipline concerning the Shimla list of industries from the Secretary of Health or from an Advocate at the High Court.

It's worth noting that while the above information provides a general overview of the topic, labor laws can be complex and may vary significantly depending on the specific circumstances and location. For this reason, it's always a good idea to consult with a legal expert or HR professional who is familiar with the labor laws and regulations in your specific area.