Order

This petition for special leave was originally dismissed by an order dated 16.12.96 passed by a Bench of two Judges-Verma, J. (as he then was) and Kirpal, J. In view, however, of a judgment of another Bench of two Judges (K. Ramaswamy and G.B. Pattanaik, JJ.) in a simi­lar matter Mediwell Hospital & Health Care Pvt. Ltd. v. Union of India & Ors.1 the order of 16.12.96 was recalled by the order of 8.8.97. The reasons for recall as set out in the order of 8.8.97 are :-

“After we had dismissed SLP (C) No. 23964 of 1996 on 16.12.1996, another 2-Judge Bench appears to have granted relief in a similar matter which may give impression that the view taken therein is dif­ferent it is, therefore, appropriate that the possible ambiguity or uncertainty on the question of law should be removed by judgment of a 3 Judge Bench. We, therefore, recall our order dated 16.12.1996 dis­missing the special leave petition and direct that the special leave petition be listed for hearing before a 3-Judge Bench. The papers be placed before the Hon’ble C.J.I, for constituting the Bench.”

Accordingly, we have heard the parties. In the case of Mediwell Hospi­tal & Health Care Pvt. Ltd. v. Union of India & Or