THOMAS EAPEN Vs. ASST LABOUR OFFICER

JUDGEMENT

(1.) Petitioner is the Managing Partner of Kadampuzha Hospital, Kanjirappally. Respondents 3 to 5 are working as nurses in the said institution. The first respondent issued three notices, Exts.P1, P1(a) and P1(b) to the petitioner alleging that the petitioner failed to comply with the provisions of the Maternity Benefit Act in the cases of respondents 3 to 5. The petitioner sent a reply Ext. P2 stating that hospitals were not covered by the provisions of the Maternity Benefit Act. Thereafter a notice was issued by the first respondent stating that respondents 3 to 5 were not allowed prenatal leave as contemplated under the Act and requiring the petitioner to show cause as to why an amount of Rs. 1031.25 should not be directed to be paid to T. A. Thressiakutty, the fifth respondent towards maternity benefit and medical bonus. On receipt of this the petitioner sent Ext. P4 reiterating his contention arid pointing out that the Government have issued notification No. LDS 2156/57 L & LAD dated 17-4-1957 published in the Kerala Gazette dated 23-4-57 exempting establishments in the erstwhile Travancore - Cochin Area like doctors consulting rooms, dispensaries attached to doctors consulting rooms and nursing homes, hospitals and other institutions for the treatment of the sick, the infirm, the destitute or the mentally unfit. However overruling the objection filed by the petitioner the first respondent issued Exts. P5, P5(a) and P5(b) directing to pay an amount of Rs. 1024.50 towards maternity benefit to third respondent, an amount of Rs. 963.50 to the fourth respondent and Rs. 1031/50 to the fifth respondent towards maternity benefit and medical bonus. These orders were issued under S.17 of the Maternity Benefit Act. Exts. P6, P6(a) and P6(b) are demand notices issued pursuant to these orders. In this original petition the petitioner challenges the orders Exts. P5 series and P6 series.

(2.) The main contention raised in the original petition is that in view of the notification LDS 2156/57 L & LAD dated 17-4-1957 published in the Kerala Gazette dated 23-4-57, hospitals, and nursing homes are permanently exempted from all provisions of the Travancore - Cochin Shops and Establishments Act, 1125. The said notification reads as follows:

(3.) A counter 'affidavit has been filed by the first respondent. It is admitted in Para.7 that such a notification has been issued. However it is contended that the exemption itself would show that Hospital, Dispensaries, etc. are establishments as defined in Kerala Shops and Commercial Establishments Act. It is further averred in the counter affidavit that Maternity Benefit Act is applied to establishments as per a notification which is marked as Ext. R1. The said notification, Ext. R1, reads as follows: