Court : Andhra Pradesh
Reported in : AIR1978AP146; (1978)ILLJ247AP
..... work in connection with or incidental or ancillary to any such trade, business or profession, or which is a clerical department of a factory or an industrial undertaking or which is a commercial or trading or banking or insurance establishment and includes an establishment under the management and control of a co-operative society, and establishment of a factory, or an industrial undertaking, which falls outside the scope of the factories act, 1948, and such other establishment as the government may, by notification, declare to be a commercial establishment for the purpose of this act but does not include a shop.12. ..... i have come to this conclusion on the basis that before the present enactment was brought on the statute book, the commercial world as well as the man in the street knew what the phrases 'shop' and 'commercial establishment' signified; and the legislature which was enacting a measure to protect the employees from overwork was not endeavouring to put a new connotation on these phrases but was merely concerned that the definition be left wide ..... it is obvious from the very definitions of 'commercial establishment' and 'shop' that a shop is not a commercial establishment for the purposes of the act and a commercial establishment for the purposes of the act is not a shop. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1994)IIILLJ787AP
..... any such trade, business or profession or which is a clerical department of a factory or an industrial undertaking, or which is a commercial or trading or banking or insurance establishment and includes an establishment under the management and control of a co-operative society, and establishment of a factory or an industrial undertaking which falls outside the scope of the factories act, 1948, and such other establishment as the government may, by notification, declare to be a commercial establishment for the purposes of this act, but does not include a shop.'5. ..... . 'establishment' as defined under section 2(10) of the andhra pradesh shops and establishments act is an inclusive definition and includes a commercial establishment as well and 'commercial establishment' in turn has been defined under section 2(5) of the andhra pradesh shops and establishments act as meaning an establishment which carries on any trade, business, profession or any work in connection with or incidental ..... father, mother, brother or sister of an employer or his partner, who is living with and depending upon such employer or partner and is not in receipt of any wages.'6. section 2(10) reads:''establishment' means a shop, restaurant, eating-house, residential hotel, lodging house, theatre or any place of public amusement or entertainment and includes a commercial establishment and such other establishment as the government may, by notification, declare to be an establishment for the purposes of this act.'7 .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD409; 2005(3)ALT737; (2005)IILLJ781AP
..... . in indian chambers of commerce and industry's case 5 the question was whether the federation of indian chambers of commerce and industry is a commercial establishment within the meaning of the delhi shops and commercial establishments act, 1854 and it was pointed out that the definition of 'commercial establishment' in that act is so wide that the activities of a registered society or a charitable trust would also fall within the purview of that definition ..... ., 1991(1) llj 78 while dealing with whether a trust owning building with tenanted flats let out on rental basis would fall under commercial establishment under the bombay shops & establishments act, 1948 it was observed at para 20 as hereunder :'.....there is no doubt that the petitioners have employed various workmen like the liftmen, watchmen, sweepers, pump-attendant etc .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1994)IIILLJ393AP
..... assailing the jurisdiction to issue the notice covering the farm as an establishment under the act, the petitioner canvassed before the controlling authority, contending that it is not an establishment or a commercial establishment and therefore, it is not 'establishment' or a 'shop' under section 1(3)(b) of the act and therefore, the coverage is illegal and without ..... with section 2(10) and (5) of the shops act, it is clear that where commercial establishment, within the meaning of the shops act which is in force in the state of andhra pradesh, which carried on any trade, business or profession or any work in connection with or incidental or ancillary to such trade, business or profession is an establishment within the meaning of section 1(3)(b) of the act when a person has been systematically and continuously carrying on any commercial activity, whether he receives profits or not in a systematic manner ..... section 2(10) of the shops act defines:'establishment means a shop restaurant....and includes a commercial establishment and such other establishment as the government may by notification declare to be an establishment for the purpose of this act'.admittedly, there is no notification issued by the government applying the shops act to ..... is comprehensive in its scope, and can mean a law in relation to shops as well as separately, a law in relation to establishments, or a law in relation to shops and commercial establishments and a law in relation to non-commercial establishments. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1976)IILLJ385AP
..... this test has to be applied in the case of every single person who is sought to be covered by the act.the question posed by the learned judge was whether the persons working in the commercial establishment at delhi are covered by the act as it stood then? ..... on the other hand the company took the stand that though the act was intended only to factories as well as to commercial establishments, it was in the first instance brought into force only in relation to factories and not in relation to commercial establishments. ..... the learned judges, after noticing the provisions contained in sections 1(4) and (5), 2(9) and (12) of the act and also section 2(10) which defined the word 'establishment' in the shops and establishments act, opined that the expression 'establishment' is used in the act in contra-distinction with the expression 'factory' and that no notification under sub-section (5) of section 1 of the act was placed before them. ..... case of a state government with the approval of the central government after giving six months' notice of its intention of so doing by notification in the official gazette extend the provisions of the act or any of them to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise. ..... it is a commercial office registered under the shops and establishments act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT336
..... and can mean a law in relation to shops as well as separately, a law in relation to establishments or a law in relation to shops and commercial establishments and a law in relation to non-commercial establishments...........had section 1(3)(b) intended to refer to a single enactment, surely the appellant would have been able to point to such a statute, that is to say, a statute relating to shops and establishments, both commercial and non-commercial............had the intention of parliament been, when enacting section 1(3)(b), to refer to a law relating to commercial establishments, it would not have left the expression ..... furthermore, it is the view of the learned single judge that an educational institution like the writ petitioner is not a commercial establishment within the meaning of section 2(10) of the shops and establishments act not covered by section 1(3) of the act and therefore the fifth respondent was not entitled to the benefit of gratuity ..... the learned single judge has come to the conclusion that the question of a management being a commercial establishment like the office of a lawyer or solicitor has been rejected by the supreme court in sasidharan's case ..... sasidharan's case (supra) dealt with the question whether the office of a lawyer or solicitor is a commercial establishment to decide the status of the clerks working in such an office and bangalore water supply sewerage board case, : [1979]1scr617 dealt with the question whether a particular organisation is an .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1990)IILLJ537AP
..... the question whether leasing out its land to a theatre and saw-mills and the other buildings to a bank and other persons would constitute business or trade by the choultry for purposes of satisfying the requirement of commercial establishment as on a reading of the definition of 'establishment' and 'commercial establishment', it is clear that for being an 'establishment', it need not be a 'commercial establishment' though every commercial establishment falls within the meaning of 'establishment'. ..... the short question that arises for consideration is whether the choultry is 'establishment' within the meaning of section 2(10) of the act which is in the following terms : 'establishment' means a shop, restaurant, eating-house, residential hotel, lodging house, theatre or any place of public amusement or entertainment and includes commercial establishment and such other establishment as the government may, by notification, declare to be an establishment for the purposes of this act. ..... it is an inclusive definition which includes a commercial establishment and such other establishment as the government may, by notification, declare to be an establishment for the purposes of this act. ..... , which was set up with the objects of improving, securing greater efficiency, rationalisation, reduction of cost of silk, was a commercial establishment within the meaning of section 2(5) of the act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1998)ILLJ181AP
..... further more, it is the view of the learned single judge that an educational institution like the writ petitioner is not a commercial establishment within the meaning of section 2(10) of the shops and establishments act not covered by section 1(3) of the act and therefore the fifth respondent was not entitled to the benefit of gratuity. ..... the real question is whether the petitioner is an 'establishment' within the meaning of section 1(3)(b) of the act a reading of the said provision within its implication would be useful and to repeat : '2(10) 'establishment' means, a shop, restaurant, eating house, residential hotel, lodging house, theatre or any place of public amusement or entertainment and includes a commercial establishment and other establishments as the government may, by notification, declare to be an establishment for the purpose of this act'. ..... the learned single judge has come to the conclusion that the question of a management being a commercial establishment like the office of a lawyer or solicitor has been rejected by the supreme court in sasidharan's case (supra). ..... sasidharan's case (supra) dealt with the question whether the office of a lawyer or solicitor is a commercial establishment to decide the status of the clerks working in such an office and bangalore water supply and sewerage board case (supra) dealt with the question whether a particular organisation is an industry. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1989(59)FLR195]; (1989)IILLJ95AP; (1989)IILLJ95SC
..... it is not also 'other establishment' governed by any notification issued for the purposes of the shops ..... expression 'establishment' in the following terms : '(10) 'establishment' means a shop, restaurant, eating-house residential hotel, lodging house, theatre or any place of public amusement of entertainment and includes a commercial establishment and such other establishment as the government may, by notification, declare to be an establishment for the purposes of the act;'learned counsel contends that if regard be had to the definition of the expression 'establishment', occurring in the shops and establishments act, the petitioner-institution does not qualify to be treated as an 'establishment' because it cannot be said to be a 'commercial establishment' and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(3)ALT873; (1997)ILLJ434AP
..... the learned counsel for the appellants attacked the division of the state into two zones as arbitrary and submitted that the shops and commercial establishments of towns and villages cannot be equated with those located in municipalities. ..... 1949 dated december 29, 1970, whereby shops and commercial establishments to part-i of the schedule to the act, has not been challenged at any time during the last twenty five years and that after issuance of the said g.o. ..... minimum wages for the employees of shops and commercial establishments have been revised for a number of times. ..... lastly, the learned counsel for the appellants contended that inclusion of shops and commercial establishments in part-i of the schedule to the act is bad. ..... revised earlier the price index number and increase in prices were taken into consideration, cannot be countenanced for the reason that the prices are increasing in geometrical progression and the labourer of a factory or industry or establishment must be able to lead a minimum life with his family members. ..... issued in exercise of power confirmed under section 3(1) and 5(2) of the minimum wages act, 1948 (for short 'the act') by the government of andhra pradesh revising the minimum rates of wages payable to various categories of employees in different establishments as specified in part-i of the schedule. 2. .....
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