Medical Doctors are not workmen

Medical Doctors discharging functions of medical officersare not “workmen” within the meaning of expression contained in Section 2(s) of the Industrial Disputes Act, 1947

Medical Doctors discharging functions of medical officers i.e. treating patients in Employees’ State Insurance Corporation’s dispensaries/ hospitals are not “workmen” within the meaning of expression contained in Section 2(s) of the Industrial Disputes Act, 1947 The Apex Court while adjudicating the question as to whether Medical Doctors discharging functions of medical officers i.e. treating patients in Employees’ State Insurance Corporation’s dispensaries/ hospitals are “workmen” observed that the doctors appointed in such capacity are entrusted with the task of examining and diagnsing patients and prescribing medicines to them and they in this capacity provides professional and intellectual activities to treat patients. There is a distinction between being in occupation and in profession. Occupation is a principal activity that relates to job, work or calling that earns regular wages for a person whereas profession on the other hand requires extensive training, study and mastery of the subject, be it teaching students, providing legal advice or treating patients or diagnosing diseases. Persons falling under the latter category thus cannot be seen as a workman as defined in the Industrial Disputes Act. E.S.I.C. Medical Officer Association vs. E.S.I.C. & Anr. (21.11.2013, SC)