CHRISTIAN MEDICAL AND HOSPITAL Vs. INSPECTOR OF LABOUR

JUDGEMENT

(1.) The challenge in the Writ Petition is to the order No.C.10504/1996 dated 29-1-1997 of the first respondent, wherein, the first respondent has directed the petitioner to register its establishment under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act').

(2.) The petitioner claims to be an educational institution run by Christian Religious Minority. It is claimed that it has got a Medical College and College of Nursing in Vellore with a hospital attached to it. The institution is stated to have got the affiliation from the University of Madras and now by the M.G.R.Medical University. It is stated that in the Medical College and Hospital, it has also got an Eye Hospital, Mental Health Centre and a Rural Health Centre, where, the students of the Medical College, College of Nursing and paramedical courses obtain practical training for their educational courses. It is also stated that the maintenance of establishment of hospital is the requirement stipulated by University of Madras as an integral part of such medical institution. Admittedly, the petitioner is stated to have entrusted the security arrangement of the college as well as the hospital to a Contractor, while the additional construction work is stated to have been entrusted to a building Contractor. It was in the above circumstances, it is stated that the respondents wanted the petitioner to register its establishment under the provisions of the Act.

(3.) The contention of Mr.Sanjay Mohan, learned counsel appearing for the petitioner is in two fold. In the first place, he would contend that the petitioner institution being an educational institution will not come within the definition of 'establishment' as defined under Section 2(e) of the Act and secondly, the petitioner being a minority institution is protected by Article 30(1) of the Constitution.