TMI Blog2014 (7) TMI 1302X X X X Extracts X X X X X X X X Extracts X X X X ..... - WRIT PETITION NO. 3989 OF 2013 - - - Dated:- 10-7-2014 - V. M. KANADE And P. D. KODE, JJ. Dr. Kavita Pravin Tilwani, the Petitioner Ms M. M. Deshmukh, APP, for the State Mr. Harshad Pimple for Respondent ORDER P. C. 1. Heard the petitioner appearing in person and the learned counsel appearing on behalf of respondent Nos.2 and 3, as also the learned APP for the State. 2. By this petition which is filed under Article 226 of the Constitution of India, the petitioner is seeking an appropriate writ, order and direction declaring that the Maharashtra Act No.64 of 1977, insofar as it includes medical practitioner within the definition of the expression commercial establish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judgments of the Apex Court and this Court, the question of now permitting the Corporation to file an affidavit does not arise since the petition was filed in 2013 and was immediately served on the Corporation thereafter. 4. The learned counsel for the Corporation has submitted that in this case the petitioner had registered herself under the Bombay Shops and Establishments Act, 1948. However, thereafter she had not renewed the said registration. He submitted that, therefore, it was now not open to the petitioner to challenge the validity of the said section. 5. In our view, since this submission of the respondent Corporation can be taken care of by referring to the settled position in law as laid down by the Apex Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a professional activity and an activity of a commercial character and unless the profession carried on by the appellant also partakes of the character of a commercial nature, the appellant cannot fall within the ambit of Section 2(4) of the Act. In National Union of Commercial Employees and another v. M.R. Meher, Industrial Tribunal, Bombay, 1962 Supp (3) SCR 157 = (AIR 1962 SC 1080) it was held by this Court that the work of solicitors is not an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 and therefore any dispute raised by the employees of the solicitors against them cannot be made the subject of reference to the Industrial Tribunal. ...... 8. A similar issue had arisen before the Division ..... X X X X Extracts X X X X X X X X Extracts X X X X
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