VENKATARAMANA DISPENSARY AND AYURVEDIC Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is an institution established under a Trust Deed of late V. Krishnaswami Iyer, a Judge of this Court, dated 22nd November 1905. It is alleged in the affidavit filed in support of the writ petition, that this Institution is purely an educational institution, whose main object is to impart Ayurvedic medicinal system and give practical training in the preparation of medicines to the students in the Ayurvedic College. It is further alleged that the dispensary is run mainly to impart practical training analogous to house-surgeoncy in the regular allopathic medicine and in the course of the practical training medicines are prepared under the advice and guidance of doctors teaching in the college and such medicines are given to the patients who come to the dispensary for treatment. It is further alleged in the affidavit that such medicines are given freely to the patients and only those who can afford can pay for it. With various other allegations, the petitioner has prayed for quashing the order of the first respondent passed in S. No. 35011/75/71-PFII on the petition filed by the petitioner under S. 19-A of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act ). On this petition the first respondent, apart from various other things, found that he manufacture of ayurvedic medicine by the petitioner will attract the provisions of the Act since such manufacture will fall under the caption 'heavy and fine chemicals, inclusive of medical and pharmaceutical preparations' mentioned in the First Schedule to the Act. After so observing, the first respondent has dismissed the petition filed by the petitioner. Aggrieved by this order, the present writ petition has been filed.

(2.) I have carefully gone through the order of the first respondent and also the pleadings in this case. For the purpose of disposing of the writ petition, it is unnecessary to find out as to whether the petitioner is running a commercial establishment for preparing and selling ayurvedic medicine. In order to attract the provisions of the Act, it is necessary to find out as to whether the establishment such as the petitioner comes under any one of the categories mentioned in the First Schedule to the Act. S. 1 (3) (b) of the Act reads as follows :

(3.) FOR all these reasons, the impugned order passed by the first respondent is confirmed and the writ petition is dismissed. There will be no order as to costs. ?