SHUBHADA MOTWANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, which is filed under Article 226 of the Constitution of India, Petitioner has challenged section 7(1) of the Bombay Shops and Establishments Act, 1948. The petitioner is a medical practitioner who is duly registered under the provisions of Maharashtra Medical Council. Show cause notice was issued to the petitioner for not obtaining a license under the Bombay Shops and Establishments Act,1948 and criminal prosecution was launched against her for contravention of Section 7(1) of the said Act.

(2.) Learned counsel appearing on behalf of petitioner has submitted that a medical practitioner cannot fall within the definition of commercial establishment since a doctor is providing services to the patients and the said activity therefore would not fall within the purview of commercial activity. It is submitted that prior to 1997 legal practitioners and medical practitioners were not included in the said definition of commercial establishment. However, by virtue of an amendment in 1997 all these professionals have been included in the said definition. It is submitted that the legal practitioners challenged the validity of the said amendment by filing a petition.

(3.) This Court was pleased to hold that the said amendment is ultra virus and struck down the inclusion of legal practitioners from the definition of commercial establishment.