SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2003 Supreme(Ker) 178

Judges : S.SANKARASUBBAN,K.K.DENESAN
Sr.Jyothis - Appellant
Versus
State of Kerala - Respondent
Case No : O.P. No. 3334 of 1995 etc
Decided On : 03/12/2003
Advocates Appeared :
Siby Mathew; A.A. Mohammed Nazir; Philip J. Vettickattu; For Petitioners. P. Jayashanker; For Respondents.

Headnote:

Kerala Shops and Commercial Establishments Act 1960 – Section 4 & 5 – Hospitals - Nursing homes - Consulting rooms - In notification was issued taking away exemption and bringing it within Act - Subsequently it is found that certain provisions of Act were exempted in their applications to above institutions - It is in above circumstances original petitions were filed – Held, Exemption is for a period of two years – Thus these institutions are exempted - In wake of above institution as at present there is no injury or grievance for petitioners - In above circumstances court are not answering questions referred to – Court leave questions to be agitated by petitioners when occasion arises – Petition dismissed

Judgment :-

1. These Original Petitions have come up before us on a reference made by Koshy, J. The question that is referred to, is whether the Doctors' consulting rooms, Dispensaries attached to Doctors' Consulting rooms, Nursing homes, Hospitals and other institutions for treatment of the sick can be roped into the Kerala Shops and Commercial Establishments Act, 1960, hereinafter referred to as the 'Act'. These establishments were being exempted for a long time. In 1993, notification was issued taking away the exemption and bringing it within the Act. Subsequently, it is found that certain provisions of the Act were exempted in their applications to the above institutions. It is in the above circumstances, the original petitions were filed. Interim orders have been granted to the petitioners staying the operation and enforcement of the notifications.

2. Learned counsel for the petitioners brought to our notice a notification G.O. (Rt.) No. 2019/2002/LBR dt.12th July, 2002, issued under S.5 of the Kerala Shops and Commercial Establishments Act, 1960, in the public interest, exempting the above institutions. The exemption is for a period of two years. Thus, from 12.7.2002 these institutions are exempted. In the wake of the above institution, as at present there is no injury or grievance for the petitioners. In the above circumstances we are not answering the questions referred to. We leave the questions to be agitated by the petitioners when occasion arises.

With the above directions the O.Ps. are disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top