Court : Allahabad
Reported in : AIR1952All773
..... act provides that nothing in it shall apply to '(a) persons occupying positions of a confidential, managerial or supervisory character: 'provided that the number of employee so exempted in any shop or commercial establishments shall not exceed ten per cent of the total number of persons employed in such shop or commercial establishment: 'provided also that in any shop or commercial establishment which employs five persons or less no employee shall be exempt from the provisions of this act; (b) persons whose work is inherently intermittent, such as a traveller or canvasser ..... shops and commercial establishments act & they are liable to punishment under section 27 for infringing the aforementioned rule. ..... shops and commercial establishments act, for failure to maintain a register of attendance of employees as required by rule 13 framed under section 31 of the act. 3. ..... the avowed object of the act as shown by its preamble is to provide for holidays and to regulate and lay down conditions of and the hours of employment in shops and commercial establishments. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002(95)FLR898]; RLW2003(3)Raj1829; 2002(4)WLN671
..... 2 tilak raj filed a claim petition under section 28-a of the rajasthan shops and commercial establishment act, 1958 (hereinafter referred to as 'the act of 1958') before the respondent no. ..... 1-authority under the rajasthan shops and commercial establishments act, 1958, sri ganganagar be quashed and set aside.2. ..... 1 authority under the rajasthan shops & commercial establishment act, 1958, sri ganganagar through judgment dated 28.11.1991 (annex.8) allowed the claim petition of the respondent no. ..... 1-authority under rajasthan shops & commercial establishment act, 1958, sri ganganagar dated 28.11.1991 (annex.8) holding removal of the respondent no. ..... 1 authority under shops and commercial establishment act, 1958, sri ganganagar (for short 'the authority') on 8.5.1989 stating inter alia that the respondent no. ..... 8 dated 28.11.1991 came to the following conclusions:-(1) that from the evidence on record, it is established that the respondent no. ..... 2 was working as supervisor in the establishment of the petitioner. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1995)ILLJ292Raj; 1994(1)WLN231
..... or business is carried-on or where services are rendered to customers, and includes offices, store-rooms, godowns or ware-houses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the factories act, 1948. ..... the petitioners, by this writ petitions, havechallenged the order dated january 1, 1991, passed by the authority appointed under the rajasthan shops and commercial establishment act, bikancr region, bikaner, by which the learned authority allowed the applications filed by the non-petitioners ram chandra choudhary and bhanwar lal and quashed the order dated august 21, 1986, passed by petitioner m/s. ..... the definition of the words 'commercial establishment', given in section 2(3) of the act, is an inclusive definition, which includes the various establishments which can be treated as commercial establishments and includes a commercial or trading or banking or insurance establishment, an establishment or administrative service in which the persons employed are mainly engaged in office work, a hotel, a restaurant, boarding or eating house, cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and, also, includes any such establishment which is declared as such for the purpose .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom283; (1967)69BOMLR758; ILR1967Bom1392
..... for reasons given above we have to come to the conclusion that the applicants' establishment is not covered by the definition of commercial establishment, and, therefore, the applicants were right in their contention before the honorary presidency magistrate that they were not liable for any alleged contravention of section ..... of the state, the establishment of the applicants is an establishment of the applicants is an establishment which carries on a business, trade or profession of chartered accountants and is, therefore, a commercial establishment, and since applicants are persons owning or having ultimate control over the affairs of the establishment, they are liable under ..... activities were not of a commercial nature, the establishment of the lawyer could not be regarded as a commercial establishment within the meaning of clause ..... clause (8) 'establishments' means a shop, commercial establishment, residential hotel, restaurant, eating house, theatre, or other place of public amusement or entertainment to which this act applies and includes such other establishment as the state government may, by notification in the official gazette, declare to be an establishment for the ..... decisions which have been primarily based upon a particularly wide definition of 'industry' under the industrial disputes act 1947 cannot be of much guidance, and we have to see whether the establishment of the applicants is a 'commercial establishment' as defined in the bombay shops and establishments act, 1948. .....
Tag this Judgment!Court : Karnataka
Reported in : [1990]67CompCas154(Kar); ILR1989KAR3135
..... , store rooms, godowns or warehouses, whether in the same premises or other wise used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allows the benefits provided for workers under the factories act, 1948 central act 63 of 1948)'. 55. ..... various clauses of the definition of 'commercial establishment' appearing in section 2(4) of the kerala shops and commercial establishments act (34 of 1960) (which is in pari materia with the definition of 'commercial establishments,' given in section 2(e) of the act of 1961), would show that establishments, far apart from professional offices, were ..... is held that the office of a chartered accountant or of a firm of chartered accountants does not come within the expression of 'shop' or 'commercial establishment' as defined in the act of 1961, the corollary would be that the provisions of the act of 1961 cannot be applied to the office of ..... commercial establishment' as under: 'commercial establishment' means a commercial or trading or banking or insurance establishment, an establishment or administrative service in which persons are employed or mainly engaged in office work, a hotel,restaurant, boarding or eating house, a cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such establishment as the state government may by notification declare to be a commercial establishment .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1963P& H148; 1963CriLJ459
..... that trade or business and if any one of those activities may be carried on in a place which, strictly speaking, is a residential house, the same would fall within the ambit of the definition of either a shop or a commercial establishment though that isolated activity by itself may not, strictly speaking, be trade or business.therefore, the pertinent question that requires determination is, has the term 'trade or business' to be interpreted in a very wide sense as to include each ..... cinema or other place of public entertainment or any other -place which the government may declare, bynotification in the official gazette lobe a com-mercial establishment for thepurposes of this act :2 (1)(d) ' commercial establishment ' meansany promises wherein any trada or busi-ness is carried on for profit; theexpression includes journalistic and printing estab-raents and premises inwhich business of hanking insurance, stocks and shares,bro ..... to limit thehours of work of shop assistants andcommercial employees and to make certain regulations concerning their holidays,wages and terms of services.2 (iv)' commercial establishment ' menus any promises .wherein any business, trade, or profession is carried on forprofit, and includes journalistic or printing establishments and promises inwhich business of banking, insurance, stocks and shares broker-age or produce eichange is carried onor which is used as hotel,restaurant, boarding or eating house, theatre, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1700; 1984(32)BLJR380; [1984(49)FLR342]; (1984)IILLJ385SC; 1984(2)SCALE201; (1984)4SCC230; [1985]1SCR601; 1985(17)LC54(SC)
..... follows : (1) commercial establishment means five different kinds of establishments : commercial, industrial, trading, banking or insurance; (2) commercial establishment means an establishment or administrative service in which the persons employed are mainly engaged in office work; (3) commercial establishment means a hotel, restaurant, boarding or eating house, a cafe or any other refreshment house; (4) commercial establishment means a theatre or any other place of public amusement or entertainment; and (5) commercial establishment includes such other establishment as the government may, by notification in the gazette, declare to be a commercial establishment for the purposes ..... work, hotel, restaurant, or boarding or eating house, cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such other establishment as the government may, by notification in the gazette declare to be a commercial establishment for the purposes of this act, but does not include a factory to which all or any of the provisions of the factories act, 1948 (central act 63 of 1948) ..... , and includes offices, store rooms, godowns or warehouses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the factories act, 1948 (central act 63 of 1948)'7. .....
Tag this Judgment!Court : Kerala
Reported in : (1995)IIILLJ221Ker
..... carried on or where services are rendered to customers, and includes offices, store rooms, godowns or warehouses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the factories act, 1948 (central act 63 of 1948)'.learned government pleader pointed out one ..... are mainly engaged in office work, hotel, restaurant, boarding or eating house, cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes such other establishment as the government may, by notification in the gazette, declare to be a commercial establishment for the purposes of the act, but does not include a factory to which all or any of the provisions of the factories act, 1948 (central act 63 of 1948) apply'.it is ..... (as he then was) who spoke for the bench surveyed through the salient features of the profession of chartered accountant vis-a-vis the definitions of 'commercial establishment' as well as 'shop' in the said act (the definitions of these two words in the bombay act are similar to those words as defined ..... a notification on 30.7.1981 declaring the offices of 'registered accountants and auditors' in the state of kerala to be 'commercial establishments' for the purposes of the kerala shops and commercial establishments act, 1960 (for short 'the act'). .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj787; 2006(1)WLC734
..... , on this question, we have noticed that while the counsel for the appellant may be correct in contending as a broad proposition that an employee or a shop attached to a factory may move the commercial establishment act, 1958 for challenging his termination, he is totally missing that such workman has to be excluded from the purview of the definition of the factories act clearly on account of the fact that he is ..... , 1948 and was pleased to examine as to who are the persons who would be treated as 'worker' and thereafter also examined the provisions of the shops and commercial establishments under the rajasthan shops and commercial establishments act, 1958 and after examining several case laws on this point was finally pleased to hold that the appellant/petitioner was an employee of m/s. ..... the delinquent employee/appellant herein feeling aggrieved with the order of his termination filed an application before the competent authority under the provisions of rajasthan shops and commercial establishments act, 1958 (hereinafter shortly preferred to as the act of 1958) but the competent authority was pleased to hold that the appellant's services could not be governed ..... from the post of assistant foreman as he was engaged in the factory had rightly moved the competent authority under the rajasthan shops and commercial establishments act, 1958 or not and that question having been decided against him, the appeal is fit to be dismissed which is hereby dismissed with no order as to costs. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR368
..... it is therefore abundantly clear that even if the petitioners are treated to be working in a shop of commercial establishments generally governed by the provisions of the shops and commercial establishments act, yet the moment it is shown that such a shop or establishment is attached to a factory where the persons employed are governed by the provisions of the factories act, 1948, the provisions of the former act would get excluded and would have no application whatsoever. ..... any trade or business is acquired on or where services are rendered to customers, and includes officers, storerooms, godowns, or warehouses, whether in the same premises or otherwise, used in connection with such trade or business, but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop fall within the scope of the factories act, 1948.'18. ..... govindraj, learned counsel on the other hand contended that the provisions of the shops and commercial establishments act, had no application to the cases of the petitioners who were posted in establishments which were duly registered as factories under the factories act, and were therefore governed by the provisions of the said act. .....
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