HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Reserved on: 09.03.2022

Pronounced on: 22.03.2022

OWP No. 1532/2017

IA No. 1/2017

c/w

OWP No. 1847/2016

IA No. 1/2016

M/s Indian Dental Association and another

...Appellant/Petitioner(s)

Through :- Mr. Amit Gupta, Advocate.

v/s

<

State of J&K and others

.....Respondent (s)

Through :- Mr. Dewakar Sharma, Dy. AG.

Coram:

HON?BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

JUDGMENT

1.

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