Susanta Chatterji, J. - (1.) The present writ petition has been filed by the East India Clinic Limited and its acting Administrator challenging the Order, dated 9.9.1988 passed by the Respondent No. 2, Referee, Shops & Establishment Directorate, Government of West Bengal. The petitioners have prayed for an appropriate Order of injunction to restrain the respondents from giving effect or further effect to the Memoranda, dated 25.4.1988, collectively marked as Annexure "B" to the writ petition. It is stated by the writ petitioners that writ petitioner No. 1 is a company dealing with materials of medical, surgical and pharmaceutical appliances and the provisions of the West Bengal Shops & Establishment Act, 1963 are not applicable, as it is covered by Section 4(c), of the said Act. Section 4(c) of the said Act, inter alia, provides that this Act shall not apply to, among others, institutions for the treatment or care of the sick, infirm destitute or mentally unfit. It is stated that the petitioner No. 1 established a nursing home under the name and style of Woodland Nursing Home and the Respondent Nos. 3 to 6 were appointed in the said Nursing Home and were also running the Medical Shop situate within the compound of the Nursing Home. Further, the said Respondent Nos. 3 to 6 made applications before the Authority under the West Bengal Shops & Establishment Act, 1963 under Rule 31 in Form-N for recovery of their wages allegedly and unlawfully deducted from their salaries. Both the parties appeared before the said Authority and submitted notes of argument with copies to each other.
(2.) The Respondent No. 2, Referee, Shops & Establishment by the impugned Order, dated 9.9.88, however, requested the parties to place further documents like annual audited accounts and monthly operating report and other supporting documents.
(3.) Being aggrieved by the said Order, the writ petitioners have filed the present petition on the ground that the petitioner No. 1 is an institution for the treatment and care of the sick and infirm destitute and mentally unfit and as such the petitioners do not come within the purview of the provisions of the West Bengal Shops & Establishment Act, 1963 and the Respondent No. 2 does not have any jurisdiction to entertain the application of the Respondent No. 3 to 6 and without considering the points raised by the petitioner No. 1, the Respondent No. 2 has directed production of the documents which are otherwise irrelevant and the direction is unwarranted and uncalled for.;