NIRUPAMA RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE only question involved in this writ petition is whether the provisions of the Orissa Shops and Commercial Establishments Act, 1956 (in short "the Act"), the Industrial Disputes Act, 1947, (in short "the Industrial Act"), and the Payment of Bonus Act, 1965 (in short, "the Bonus Act"), have been rightly applied to the petitioner, a doctor, running a clinic.

(2.) A brief reference to the factual aspects would suffice.

(3.) THE petitioner runs a clinic styled as "ladies Clinic" at Dargha Bazar in the city of Cut-tack. The Assistant Labour Officer, Cuttack (O. P. 2), being of the view that the clinic was to be registered under Section 4 of the Act issued notice requiring the petitioner to obtain registration certificate within seven days to avoid litigation. The impugned notice dated October 3, 1991, is annexed as annexure-1 to the writ application. The petitioner submitted her reply, inter alia, taking the stand that she is not required to register her establishment, as the Act had no application to her case. The plea did not find acceptance by O. P. 2, and by the impugned order dated November 27, 1991 (a copy of which is annexed as annexure-3 to the writ petition), he directed registration within fifteen days. Prosecution was threatened in case of non-registration. It was held that the petitioner's clime was an "industry" as defined under the Industrial Disputes Act. Further, by order dated December 2, 1995 (a copy of which is annexed as annexure 4 to the writ petition), he directed payment of bonus to the employee at a particular rate since, according to him, tile petitioner's establishment is covered under the Bonus Act.