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 : Allahabad
Reported in : AIR1961All79; 1961CriLJ199; (1960)IILLJ379All; (1960)IILLJ379All
..... nothing in this act shall apply to-- (a) persons occupying positions of a confidential, managerial or supervisory character;provided that the number of employees 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;(c) offices of government ..... though as i have said above the railway may be carrying on the business in a very wide sense of the term, none of its units can be either a shop or a commercial establishment because the railway is not carrying on the business or trade in the sense in which the words 'business of trade' are used in the act, as also for other reasons.the idea behind running railway service is not ..... the learned magistrate accepted the plea of the respondents and held, firstly, that the booking agency did not come within the purview of the shops and commercial establishments act (hereinafter referred to as the act) and secondly that the respondents were governed by the payment of wages act and not by the act. ..... if the booking office and the parcel office at the railway stations cannot be considered to be either a shop or a commercial establishment, i do not see how the agency can be included within those expressions. .....
Tag this Judgment!Court : Allahabad
Reported in : [1999(81)FLR288]; (1999)IIILLJ1362All; (1999)1UPLBEC742
..... the definition with which the said decision has dealt with appears to be different from the definition of commercial establishment as is incorporated in the 1962 act and therefore, the said decision cannot help mr. ..... applying the said test a private person running a shop or a commercial establishment does not become a statutory authority simply because 1962 act provides certain protection to the employees governing the contractual relationship of service between the employee and the employer and such contract being absolutely a ..... by the mill itself and purchase of the sugar cane being a work in connection with or incidental or ancillary to the manufacture of sugar, even if carried on outside the premises of the factory, the purchase centre does not become a commercial establishment within the meaning of section 2 (4) of the 1962 act. ..... shops and commercial establishments act, 1962 enjoins certain protection extended to the workers employed in shops and commercial establishment and if such protection is violated by a person not an authority within the meaning of article 12, simply by reason of violation of statutory obligations, the actions on the part of such private employer, the writ jurisdiction cannot be invoked. ..... apex court had held that the field worker employed by the sugar factory for growth and supply of sugarcane for use in the factory, are not workers under the factories act including definition of commercial establishment as defined in section 2 (3) of the u.p. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All599; 1961CriLJ742
..... the legislature while defining the word 'employer' has deliberately enlarged its ambit to include a person having charge of or owning the business of a shop or commercial establishment, and has not confined its meaning to a person employing someone to assist him in the conduct of his business. ..... in these circumstances the order of the district magistrate declaring sunday as a 'close day' for all commercial establishments in the town of sultanpur was in accord with section 10 of the act.11. ..... shops and commercial establishment act is intended to include a commercial establishment or shop where no person was employed ..... act xxii of 1947) defines 'employer' in these terms:'a person having charge of or owning the business of a shop or commercial establishment, and includes the manager, agent or any other person acting in the general management or control of such shop or commercial establishment. ..... shops and commercial establishments act and the ratio of the decision of their lordships of the supreme court applies with full force to the present case.10 ..... shops and commercial establishments act, 1947 contemplates an owner of a shop who has engaged some employees to help him in running ms business, is legally sound.2 ..... shops and commercial establishments act (u. ..... having charge of or owning the business of a shop and every such person would be under a legal obligation to comply with the provisions of the act, even though he may not have an employee working in the shop or commercial establishment.6. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All241
..... similarly, section 10 of the act provides for the closing of a shop or commercial establishment on one day of the week and such day is called the close day. ..... it would follow, therefore, that the benefit of one whole day's holiday under section 12 is lost to the employees of such shops and commercial establishments which allow a whole day's holiday on the close day.8. ..... section 12 is:'every employee of a shop or commercial establishment except a watchman or care-taker shall be allowed by the employer in each week a holiday of one whole day besides such holiday or holidays as may be granted under section 11:provided that nothing in this section shall apply to any ..... if any shop or commercial establishment allows a whole day on the close day under section 10, that is not required to give one whole day's holiday under section 12 as well.7. ..... shops and commercial establishments act (act xxii [22] of 1947). ..... shops and commercial establishments act (act xxii [22] of 1947).2. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(1)AWC252; (2004)1UPLBEC252
..... the very small shops and commercial establishments are exempted under the shop and commercial establishment act. ..... court held that the employer deliberately retained the attendance register as required to maintain under section 32 read with rule 18 (1) (a) of dookan aur vanijya adhisthan adhiniyam, 1962, that the employer-petitioner has failed to establish that the workman has not performed his duties and prior to termination of service of the workman that no notice or opportunity or any retrenchment compensation has been awarded and as such the termination order is legal and ..... paragraph 31 it held that any party appearing before a labour court or industrial tribunal must make a claim or demur the claim of the other side and when there is a burden upon it to prove or establish the fact so as to invite a decision in its favour, it has to lead evidence. ..... contention of the counsel for the petitioner, is that the proprietor himself carries on the business as the establishment is not a big enough to employ more than one person as helper. ..... aur vanijya adhisthan adhiniyam, 1962 nor produced rajesh kumar who had worked as helper with the petitioner to show that he was working in petitioner's establishment after the respondent-workman had left the job. ..... is not because the employee does not make a contribution nor because the profession is too high to be classified as a trade or industry with its commercial connotations but because there is nothing like organised labour in such employment. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ3794
..... issued to him; that he has a licence issued by district supply officer renewed from time to time upto 30-9-1989 by which he has been authorised to carry on the business of cutpiece cloth in the disptued shop thai his business establishment has been registered under the commercial establishment act and thai there is an electricity connection in his shop which too stands in his name. ..... to indicate that he was dealing with the business at the shop in his own independent right, inasmuch as the licence to carry on the business was given in his name; that the business was registered under the commercial establishments act in his name and that the electricity supply was also in his name. ..... prima facie, the established fact is that ashok kumar jain is in actual physical possession of the disputed shop while the petitioner ramesh chandra saxena claims himself to be a tenant of the shop and to be in possession of it through ashok kumar jain, who is said to be ..... because, whenever claim is made by any party in its written statement a 'right to possess' the party may also insist on leading evidence under section 145(4) to establish its claim. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1318
..... their shop was registered under the shops and commercial establishment act, the business has been registered as rajendra enterprises and v.k. ..... raja enterprises since the year 1989 and the shop in dispute was also registered under the shops and commercial establishment act. ..... it was registered under the shops and commercial establishment act. .....
Tag this Judgment!Court : Allahabad
Reported in : [2005(105)FLR908]
..... shops and commercial establishment act. ..... in the circumstances section 25n(i) of the central act provides:-'condition precedent to retrenchment of workmen (1) no workman employed in any industrial establishment to which this chapter applies, who has been i continuous service for not less then one year under an employer shall be retrenched by that employer until,(a) the workman has been given three month's notice in ..... the concerned workmen requested for transfer to establishment of employer company at modinagar; the management accepted their request and they were transferred on deputation to the modi rubber ltd. ..... the competent authority and in this reference the question cannot be adjudicated and held that no notice under section 6-n of the u.p.industrial disputes act was required to be given and the provisions of section 6-n do not apply on the establishment under the u.p. ..... shops and commercial act, 196210. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC437
..... contention raised on behalf of the company was that the trombay factory was registered under the factories act while the churchgate division was registered as a commercial establishment under the bombay shops and establishments act and, therefore, they could not be treated as one. ..... 'establishment' 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 purposes of ..... of 'commercial establishment' in clause (4) of section 2 clearly shows that a commercial establishment is one of the categories of 'establishment'. ..... the said clause (4) is as follows :'(4) 'commercial establishment' which caries 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 the societies registration act, 1860 and a charitable or ..... part i consists of shops; part ii consists of commercial establishments; part iii consists of residential hotels; part iv consists of restaurants and eating houses; and part v consists of theatres and other places of public amusement .....
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