JUDGMENT :

Sanjeev Kumar, J.-In these two petitions, one filed by M/s Indian Dental Association and another and the other filed by M/s Sunny Dental Clinic, the issue that falls for consideration is ‘whether the dental clinic falls within the ambit of the term “establishment” as defined under Section 2(8) of the Jammu and Kashmir Shops and Establishments Act 1966 (The Act of 1966)’.

2. The short grievance projected by the petitioners in these petitions is that, the petitioners are running only the dental healthcare services in their dental clinics and are not carrying on any business, trade or profession. Learned counsel appearing for the petitioners relies upon Section 3 (c) of the Act of 1966 to contend that establishments for treatment and care of the sick, infirm, destitute or mentally unfit are exempted from the operation of the provisions of the Act of 1966.

3. Learned counsel for the petitioners contends that petitioners run dental clinics wherein all dental related services are provided to the patients suffering from dental diseases. He submits that the activity carried on by the petitioners is purely professional and does not have any element of commercial activity as is un