IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 W.P(C).No. 18113 of 2005(F) -------------------------- PETITIONER: ------------ SISTER IVAN, MSJ., SECRETARY, THE CATHOLIC HOSPITAL ASSOCIATION OF INDIA, LOURDES CENTRE ANNEX, ALUVA-683 101. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.SONIYA.M SRI.N.A.SHAFEEK RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,SECRETARIAT, TRIVANDRUM. BY ADV. SRI.P.R.RADHAKRISHNAN, CGC - R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 18113/2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE G.O.(Rt.) No. 2536/2002/H & FWD DATED 21/10/2002. EXHIBIT P2 : TRUE COPY OF THE REPRESENTATION DATED 18/06/2003 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA. EXHIBIT P3 : TRUE COPY OF NOTIFICATION IN KERALA GAZETTE DATED 2/6/2000. EXHIBIT P4 : TRUE COPY OF THE REPRESENTATION DATED 18/06/2003 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P5 : TRUE COPY OF THE REPRESENTATION DATED 18/06/2003 SUBMITTED BY THE PETITIONER BEFORE THE PRIME MINISTER OF INDIA. EXHIBIT P6 : TRUE COPY OF THE FIRST SCHEDULE OF THE I.D. ACT. EXHIBIT P7 : TRUE COPY OF THE APPENDIX 1 OF THE PROVIDENT FUND ACT. /TRUE COPY/ P.A. TO JUDGE scm KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.18113 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) To declare that Charitable Hospitals registered under Charitable Societies Act are 'Medical Service Centres', not coming under the category of 'Factories' or 'Industries' or Establishments'. ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider and pass orders on Exts.P2, P4 and P5 in a time bound manner. There will be a direction to the second respondent to consider Exhibits P2, P4 and P5 representations with notice to the petitioner and pass appropriate orders thereon in accordance with law within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 18113 OF 2005 J U D G M E N T 18.07.2008