Court : Punjab and Haryana
Reported in : (1996)113PLR310
..... 2 was covered by the punjab shops and commercial establishment act, 1958, and it is not a factory within the meaning of factories act, 1948, and, therefore, the provisions of industrial disputes act are not applicable ..... therefore, the order of the state government declining to refer the dispute to the labour court on the ground that the dispute is covered by the punjab shops and commercial establishment act, 1958, is not correct. ..... section 25-a of the industrial disputes act, only sections 25(c) and 25(e) (both inclusive) shall not apply to industrial establishment in which less than fifty workmen on an average per working day have been employed in the preceding calendar month. ..... which excludes the jurisdiction of the labour court to decide a dispute between the workmen and the employer even though the industrial establishment does not come within the definition of factory as defined in the factories act, 1948. ..... it is clear that the provisions of section 25-f are applicable to industrial establishments even though the workmen employed therein are less than fifty. ..... there is also no provision in the punjab shops and commercial act, 1958, excluding the jurisdiction of the labour court to adjudicate on a ..... it is contended that the establishment of respondent no. ..... state, of haryana by its order dated june 26, 1992, declined to make a reference to the labour court on the ground that the establishment of respondent no. ..... petitioner was employed as workman in the establishment of respondent no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC188; [1999(82)FLR951]; JT1998(7)SC532; (1999)ILLJ289SC; 1998(6)SCALE107; (1998)8SCC227; [1998]Supp2SCR632; 1999(1)LC221(SC)
..... and commercial establishments act ..... , have upheld their local laws dealing with shops and commercial establishments.21. ..... inspectors of shops and commercial establishments, v.p. ..... , : 1952crilj966 , has again to be referred to and relied upon in this case to settle the controversy regarding the constitutional validity of the kerala industrial establishments (national and festival holidays) (amendment) act, 1990 (for short, 'the amending act') which has already been upheld by a single judge, and in appeal, by the division bench of the kerala ..... amending act, national and festival holidays, fixed under the principal act, namely, the kerala industrial establishments (national and festival holidays) act, 1958 (for short, 'the parent act') were altered. ..... and employment had already made a study of paid holidays available to industrial workers in kerala state in 1982 and after studying the conditions prevailing in about one hundred and eighty public and private industrial establishments as to the national and festival holidays available to their workers had published a report. ..... ; the restrictions placed under madras shops and establishments act, 1947 were held to be reasonable in ..... air1957kant64 ; the provisions of ajmer shops and establishments act were upheld in bhanwarlal and ors. v ..... the provisions of mysore shops and establishments act were upheld in babajan mir ..... & berar shops and establishments act, 1947 (as amended in 1955) which provided for compulsory holidays for the employees and closing .....
Tag this Judgment!Court : Rajasthan
Reported in : (1999)IIILLJ119Raj; 1998(2)WLC232
..... way of filing the instant writ petition challenging the impugned order dated january 15,1986 of the authority constituted under the rajasthan shops and commercial establishments act, 1958 (hereinafter referred to as 'the authority') whereby, the authority had directed reinstatement in services of the petitioner-company of ..... -order of termination by filing the claim petition under section 28-a of the rajasthan shops & commercial establishments act, 1958 (hereinafter referred to as 'the act of 1958') before the authority constituted under ..... passed by the authority constituted under the rajasthan shops & commercial establishments act, 1958 in case s.a. no ..... atleast one month's prior notice or wages in lieu of such notice showing cause be given to an employee;(iii) that no such notice shall be necessary if the services of such an employee have been dispensed with by the establishment for such misconduct as defined in the rules framed by the state government in this regard and if it is supported by a satisfactory evidence recorded at departmental enquiry in a prescribed manner for the purpose as envisaged under the act ..... . the question with regard to the relief of reinstatement with back wages in the sphere of administrative law would be available only in those exceptional cases where an employee is able to establish arbitrariness, malice or violation of any rules or standing orders on the part of the employer and this defence is not open to an employee to urge as a matter of principle to .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj482
..... learned counsel for the petitioner has also contended that the rcci is neither a shop nor a commercial establishment and, therefore, the provisions of rajasthan shops and commercial establishments act are not attracted. 15. ..... 1 under section 28a of the rajasthan shops and commercial establishments act, 1958, by which the impugned order passed by the petitioner challenging his termination from the post of pro by the prescribed authority. 3. ..... is a company incorporated under the companies act, 1956, has moved this court by way of the present writ petition challenging the order dated 11.1.1984 of the prescribed authority constituted under the rajasthan shops and commercial establishments act, 1958 (for short 'respondent no. .....
Tag this Judgment!Court : Kerala
Reported in : [2004(102)FLR958]; 2004(2)KLT616; (2004)IIILLJ956Ker
..... the term 'establishment' has been given an inclusive definition and any commercial establishment within the meaning of clause 4, or any shop within the meaning of clause 15 of section 2 of the kerala shops and commercial establishments act, 1960 which employs two or more persons, comes within the purview of the statute. ..... the petitioner-- co-operative society comes within the purview of the kerala shops and commercial establishments act, 1960 (act 34 of 1960), which is indisputable. ..... 348/75/ad dated 20.11.1975, as the government had constituted a welfare fund called co-operative employees welfare fund board for the employees of co-operative societies, and since the establishment represented by them was a subscriber thereto and since they were paying monthly contributions required, from 1988 onwards, they were not liable or answerable to the demand as made by ext.p1. ..... only exemption is in respect of the establishments which belong to central or any state government and establishments which may be specifically exempted. ..... all unpaid accumulations that accrue in an establishment are to be paid over to this statutory fund, apart from the regular contribution to be made in every six months. ..... it is submitted that the statutory welfare fund has been introduced from 1.5.1977 and it is applicable to every establishment as defined under section 2(f) of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR277; 2000(2)KarLJ237
..... by the market committee were similar to weighmen and other employees employed in the shop cum godowns situated in the market yard (which were covered by the karnataka shops and commercial establishments act) held that licensed weighmen were entitled to minimum wages from the market committee, vide its order dated 14-6-1995 and consequently directing the bangalore market committee to pay ..... that some market committees were assigning other work (that is work other than the duties and functions of weighmen) and the manner in which such weighmen were treated clearly established a relationship of employer and employee between the market committee and the weighmen and some weighmen have already approached the authorities under the industrial disputes act for a declaration ..... 'rules' will refer to the karnataka agricultural produce marketing (regulation) rules, 1968, the term 'market committee' will refer to an agricultural produce market committee established under the act, and the term 'bye-laws' will refer to the bye-laws framed by the respective market committees under section 148 of the act.2. the petitioners in w.p ..... representation to the market committees for creation of weighmen welfare funds and it is for the market committees to consider the need and feasibility for establishing such funds and if they decide to establish such a welfare funds, then do so in accordance with the guidelines issued by the state government with suitable or appropriate modifications/alterations/additions.23 .....
Tag this Judgment!Court : Karnataka
Reported in : [2006(108)FLR925]; 2005(6)KarLJ25; (2006)ILLJ674Kant
..... questions of law for consideration:(i) whether the court below was justified by holding that the appellant establishment is coverable under the esi act overlooking the documents produced by the appellant in the form of separate wage and attendance register, separate certificates issued under the karnataka shops and commercial establishments act, 1961, separate income-tax assessment, separate sales tax assessment, separate banking account, separate ..... would contend that the documents produced such as electricity bills, partnership deeds, licence issued under the karnataka shops and commercial establishments act, bank account, sales tax and income-tax returns, wage and attendance register, profit and loss accounts, etc ..... of her contention that the finding by the commissioner as to the functional unity and integrity is a finding of fact and the definition 'establishment' was wide enough to encompass within its ambit the units of the appellant for the purpose of the act.9. ..... if in their true relation they constitute one integrated whole, we say that the establishment is one, if one the contrary they do not constitute one integrated whole, each ..... court below was right in upholding coverage of the establishment even though the esi inspector who conducted inspection did ..... yet another partnership firm, are three independent units and do not have connection with each other, there is no transferability of employees from one establishment to another and that there is no unity of accounts, etc. .....
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 : Punjab and Haryana
Reported in : (1995)110PLR309
..... (overtime allowance) as per the punjab shops & commercial establishment act, 1958 (applicable in haryana) and for any revised decision with regard to payment of o.t.a. ..... in december, 1982, a decision was taken for payment of over-time allowance to all the employees of the f.c.i, working in these godowns at the rates prescribed under the punjab shops and commercial establishments act, 1958 (in short, the shops act). ..... of the constitution of india, petitioners are seeking a direction to the respondents not to recover over time allowance paid to them during the period from december 1982 to may, 1987, as provided under the punjab shops and commercial establishments act, 1958.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3393; JT2003(Suppl1)SC359; 2003(3)KLT813(SC); (2003)IIILLJ855SC; 2003(7)SCALE604; (2003)10SCC303; (2003)3UPLBEC2682
..... the toddy shops: the functioning of the toddy shops was covered by the provisions of the abkari act and rules and not by the provisions of kerala shops and commercial establishments act; for the benefit of the workers in toddy shops there is separate enactment and schemes framed thereunder, i.e. ..... 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 this act or any of them, to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise:provided that where the provisions of this act have been brought into force in any part of a state, the said provisions shall stand extended to any such ..... the ei court after considering facts, respective contentions and referring to the provisions of the act and the abkari act and rules concluded that toddy shops were the establishments belonged to or were under the control, of the department of the government and the employees working in those shops were enjoying the benefits substantially similar to the benefits provided in ..... instance, to all factories including factories belonging to the government other than seasonal factories:provided that nothing contained in this sub-section shall apply to a factory or establishment belonging to or under the control of the government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this act. .....
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