2014 (7) TMI 1302

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....1977, insofar as it includes medical practitioner within the definition of the expression "commercial establishment" under Section 2(4) of the Bombay Shops and Establishments Act, 1948 is unconstitutional. By the said amendment, a medical practitioner who is duly registered under the provisions of the Maharashtra Medical Council has been included in the definition of the said expression. It is submitted by the petitioner that prior to the amendment, medical practitioners were not included in the definition of the said expression. However, subsequently by the said amendment, all professionals have been included in the definition of the said expression. The petitioner, who is a doctor by profession, has invited our attention to the Judgment o....

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....ken care of by referring to the settled position in law as laid down by the Apex Court and other High Courts and therefore the request for adjournment for filing an affidavit is declined. 6. In 1977 Section 2(4) of the Bombay Shops and Establishments Act, 1948 has been amended and the amended provision reads as under: "(4) "Commercial establishment" means an establishment which carries on, any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession (and includes establishment of any legal practitioner, medical practitioner, architect, engineer, accountant, tax consultant or any other technical or professional consultant and also includes) a society registered under ....