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 : Punjab and Haryana
Reported in : AIR1962P& H280; (1962)ILLJ592P& H
..... is used as hotel, restaurant, boarding or eating house, theatre, cinema or other place of public entertainment or any other place which the government may declare by notification in the official gazette to be a commercial establishment for the purposes of this act; 2 (viii) 'establishment' means a shop or a commercial establishment; '2(xxv) 'shop' means any premises where any trade or business is 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 ..... of the powers conferred by section 28 of the punjab shops and commercial establishments act, 1958 (punjab act 15 of 1958), the governor of punjab is pleased to exempt hospitals, nursing homes and clinics from the operation of the provisions of sections 8(2) and 30(1) of the said act with immediate effect subject to the condition that the working hours of the employees employed in these establishments shall not exceed the hours of work specified in section 7 of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005(4)AWC3639(SC); 100(2005)CLT648(SC); (2006)1GLR387; 2005(4)KLT485(SC); (2006)142PLR468; RLW2005(4)SC2480; (2005)7SCC283
..... the high court as noted above held that the office of a lawyer or a firm of lawyers is not a 'commercial establishment' and therefore rates applicable to commercial consumers cannot be charged.learned counsel for the appellant-board and its functionaries submitted that the high court has not considered the ..... the state of gujarat : 1969crilj285 that a doctor's establishment is not covered by the expression 'commercial establishment'.in the above background, we would have dismissed the ..... of the circular classifying office of an advocate as a commercial establishment was questioned in the writ petition. ..... bombay shops and commercial establishment act (76 of 1048)''a profession or occupation is carried on for the purpose of earning a livelihood and a profit motive does not underline such carrying of profession or ..... ]1scr837 , the terms of the agreement required the petitioner to play an active role in promoting the sale and to provide 'commercial and managerial assistance and information' which may be helpful in the respondents sales efforts. ..... city of nagpur corporation, ( : air1964bom200 (bombay shops and establishment act (79 of 1948, section 2(4)).the multifarious functions call for the exercise of integrity; intelligence and personal skill by the chartered accountant in the service of his client and so the preamble of the chartered accountant ..... similar question in the background of section 2(4) of the bombay shops and establishments act (79 of 1948), it was held by this court in dr. .....
Tag this Judgment!Court : Kerala
Reported in : [2001(91)FLR284]
..... employed 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 this act, but does not include a factory to which all or any other provisions of the factories act, 1948 (central act 63 of 1948) apply'.even a plain reading ..... trade or business is 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)'s. ..... r(b) staff working in the office of parallel college will come within the definition of commercial establishment, it is not established that the work in a school which is affiliated to the central board of secondary education can be called work in a parallel college.10. ..... p4 notice by the assistant labour officer, kodungallur, asking it to show cause why prosecution steps should not be taken fro violation of the provisions of the shops and commercial establishments act and the provisions of the minimum wages act. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ961Raj
..... from the perusal of the provisions contained in the rajasthan co-operative societies act, 1965 and the rules framed thereunder and the rajasthan shops and commercial establishments act, 1958, it is clear that the rajasthan co-operative societies act, 1965 contains various provisions regarding the co-operative societies and provisions regarding recruitment and ..... petitioners is that the rajasthan co-operative societies act, 1965 and the rules framed under it are special law, as against them rajasthan shops and commercial 25 establishment act, 1958, is a general law and, therefore, the provisions of 1965 act and the rules framed thereunder will prevail.11. ..... of proper appreciation of the controversy :-'section 2(3) 'commercial establishment' means 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, restaurant, boarding or eating house, cafe or any other refreshment house, a theatre or any other place of public amusement and includes every such establishment as a state government may, by notification in the official gazette, declare to be a commercial establishment for the purpose of this act. ..... have no hesitation in holding that the workmen/employees were entitled to file application under section 28a(2) of the rajasthan shops and commercial establishment act and the prescribed authority has not erred in deciding the application filed by the two employees.25. .....
Tag this Judgment!Court : Rajasthan
Reported in : (1993)IILLJ1098Raj; 1992(3)WLC96; 1992(1)WLN541
..... or business is carried on or where services are rendered to customers and includes officers, store-rooms, godowns or ware-houses, whether in the same presmises 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 thebenefits provided for workers under the factories act 1948 (central act lxiii of 1948)'13. ..... house, cafe or any other refreshment house, a theatre or any other place of public amusement or entertainment and includes every such establishment as the state government may, by notification in the official gazette, declare to be a commercial establishment for the purposes of this act'.section 2(5) defines 'employee' as under:-'employee' means a person wholly or principally employed in or in connection with any establishment and includes an apprentice but does not include a member of the employer's family; it also includes any clerical or other .....
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 : Supreme Court of India
Reported in : AIR1960SC569; 26(1960)CLT255(SC); 1960CriLJ750; [1960(1)FLR520]; (1960)ILLJ270SC; [1960]2SCR605
..... employed by a sugar factory to guide, supervise and control the growth and supply of sugarcane for use in the sugar factory are employees of a 'commercial establishment' within the meaning of the united provinces shop and commercial establishment act, xxii if 1947 (hereinafter referred to as the act). ..... the deputy chief inspector of shops and commercial establishment, uttar pradesh, filed three complaints against the respondents in the court of the judicial magistrate, deoria, charging them with contravention of the provisions of sections 12, 13 and 26 of the act in respect of certain field ..... of work connected with the subject of manufacturing process', unless they were employed in the factory, the provisions of the factories act do not apply to them, there is no dispute that they are employees of a 'commercial establishment' within the meaning of the act. 7. ..... and commercial establishment act, 1947 was enacted to regulate the hours of employment and certain other conditions of employment in shops and commercial establishments. ..... and kamdars connected with the subject of manufacturing process, namely sugarcane, were workers within the meaning of the factories act and accordingly they were excluded from the definition of 'commercial establishment' under the act. ..... or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the factories act, 1948 do not apply to them and they evidently fall within the definition of 'commercial establishment'. 6. .....
Tag this Judgment!Court : Delhi
Reported in : (2004)138PLR16
..... held by the court that the office of a chartered accountant was not a commercial establishment so as to attract the provisions of the said act. ..... supra) once again the provision of the bombay shops and commercial establishment act, 1948 came up for interpretation. ..... this context, the meanings of 'commercial establishment' and 'profession' were considered ..... case the bombay high court was called upon to examine, inter alia, the expressions 'commercial' and 'commercial activity' as well as 'commercial establishment'. ..... of labour : (1963)iillj747mad .in sakharam (supra), the petitioner's case was that he carried on the profession of law and was a lawyer and did not have a commercial establishment which carried on a profession of an advocate. ..... this sense, thereforee, we are inclined to hold that it is not every establishment in the sense of premises or buildings where business, trade or profession is carried on that is intended to be governed by the act, but only those premises though carrying one or other of these kinds of activities which are of a commercial nature. ..... that context the court held that''thus, the very concept of any activity which can justly be called a commercial activity, must imply some investment of capital and the activity, must run the risk of profit or loss ..... as we have held, unless the trade, business or profession carried on also partakes of a commercial nature or venture, the premises in which such activities are carried on will not attract the provisions of the shops .....
Tag this Judgment!Court : Kerala
Reported in : [2008(117)FLR533]; (2008)2LLJ774Ker
..... 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 establishments 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) apply.it ..... 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, 1941 (central act 63 of 1948)'. ..... 978/2005:--in exercise of the powers conferred by section 5 of the kerala shops and commercial establishments act, 1960 (act 34 of 1960) the government of kerala being satisfied that public interest so requires, hereby exempt the following establishments from the provisions of the said act for a period of two years from the date of ..... aforementioned notification issued by the, government under section 5 of the kerala' shops and commercial establishments act, 1960 on october 19, 2005, all the provisions of the kerala shops and commercial establishments act have been exempted, as far as private hospitals are concerned. .....
Tag this Judgment!