IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36133 of 2008(B) ----------------------------------------- PETITIONER(S): -------------------------- M/S.LOURDES HOSPITAL, ERNAKULAM KOCHI-682012, KERALA, REPRESENTED BY ITS DIRECTOR. BY ADV. SRI.BECHU KURIAN THOMAS SMT.NISHA JOHN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT LABOUR OFFICER, ERNAKULAM. GOVERNMENT PLEADER SRI. P.N.SANTHOSH FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V. GIRI, J. ------------------------------- WP(C).NO. 36133 of 2008 --------------------------------- Dated this the 11th day of December, 2008. JUDGMENT The petitioner, which is a hospital is sought to be proceeded with under the Kerala Shops and Commercial Establishments Act 34 of 1960. By Ext.P4 the Assistant Labour Officer intimated the petitioner the failure to act in accordance with the provisions of the Act and also intimated that the records should be produced for proceeding further under the Act. Ext.P4 is under challenge in this writ petition. 2. Learned counsel for the petitioner submits that the petitioner is not covered by the Shops and Commercial Establishments Act. Doctors consulting room, nursing homes or places where the doctors practice the profession cannot be equated to Shops under the Shops and Commercial Establishments Act. Reference is made to section 11 of the Act which contemplates a holiday on one day every seven days and points out that the hospitals run on all days and through out the day. According to the learned counsel for the petitioner, a hospital is not a shop or commercial establishment. In such circumstances, the proceedings initiated as per Ext.P4 is not maintainable, it is contended. 3. In my view, these objections raised by the petitioner will WPC. 36133/2008 2 have to be first considered by the competent authority. In the circumstances the petitioner may file his objections to Ext.P4 within six weeks from today. Thereupon such objections shall be forwarded to the second respondent who is to pass a reasoned order clearly affirming whether the petitioner is liable to be treated as a shop or commercial establishment within the meaning of Shops and Commercial Establishments Act 1960. Such orders shall be passed within two months from the date of receipt of the objections which are to be filed by the petitioner. Further coercive proceedings against the petitioner shall be taken only after an order is passed by the second respondent, and if such order affirms that the petitioner is a shop or commercial establishment. The writ petition is disposed of as above. V. GIRI, JUDGE. Pmn/ WPC. 36133/2008 3