Judgment

A.K. Mathur, J.—Both these appeals raise common question of law, therefore they are disposed off by this common order.

Civil Appeal No. 37 of 1998

2. This appeal is directed against an order passed by the Division Bench of the Patna High Court dated February 14, 1997 whereby the Division Bench of the High Court held that the Tata Main Hospital at Jamshedpur (hereinafter referred to as the ‘Hospital’) is an establishment­ within the meaning of Section 2(6) of the Bihar Shops and Establishments Act, 1953 (hereinafter to be referred to as the “Act”) and it is covered by the aforesaid Act. Aggrieved by the aforesaid order this appeal has been filed by the appellant.

3. Brief facts which are necessary for the disposal of this appeal are that the Hospital was established by the Management of Tata Iron & Steel Company Ltd. in the year 1908 for providing medical facilities to the employees as well as their families and dependent of the Company, and its associated companies namely, TELCO, Tata Yodogawa, Tata Robin Fraser and their employees at Jamshedpur. It is also alleged that apart from catering for the employees of the appellant and its associated industries it also caters for the