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Narmada Building Materials Pvt. Ltd. Vs. Devassy

Court : Kerala

Reported in : (1993)IIILLJ463Ker

..... learned counsel for the petitioner that the provisions contained in the industrial disputes act cannot affect the rights, jurisdiction and authority of the appellate authority under section 18(2) of the kerala shops and commercial establishments act in deciding appeals, but in view of the specific provisions contained in section 25-j of industrial disputes act the rights and liabilities of employers and workmen insofar as they relate to lay=off and retrenchment ..... learned counsel for the petitioner submitted that in view of provision contained in section 18 of the kerala shops and commercial establishments act, the only question to be considered in the appeal was whether there is reasonable cause for terminating the service of the 1st respondent, but that has ..... p-3 order passed by the appellate authority under the kerala shops and commercial establishments act, 1960 directing the petitioner to reinstate the 1st respondent in service ..... section 18 of the kerala shops and commercial establishments act states that no employer shall dispense with the services of an employee employed continuously for a period of not less than six months, except for a reasonable cause and ..... approached the 2nd respondent under section 18(2) of the kerala shops and commercial establishments act and therefore the only question to be considered by the appellate authority was whether the appellant was entitled to any relief based on the provision of the kerala shops and commercial establishments act. .....

Syed Tajudeen Madani Vs. the Tamil Nadu Electricity Board

Court : Chennai

..... said decision was with reference to the definition of the expressions commercial establishment and establishment appearing in section 2 (4) and (8) of the kerala act ..... karunakar and others {air 1984 sc 1700}, which arose under the kerala shops and commercial establishments act, the supreme court held that a lawyer's office cannot be construed as a commercial establishment. ..... therefore, to say that the office of an advocate would come under tariff-v under the category commercial and others, merely because it is located in the residence of another person, would make an advocate's office much worse than an industrial activity under ..... the question as to whether the legal profession is a commercial activity or not was taken up for consideration by the supreme court in m.p. ..... the rate applicable to the commercial user cannot be charged merely because it is not considered to be ..... non- domestic' and 'commercial' are not interchangeable. ..... categories, as follows:-i-a - domestic.i-b - huts.ii-a - street lights and water supplyii-b - recognised educational institutions, places of public worship etc.iii-a1 - cottage industries.iii-a2 - power looms.iii-b - industries.iv - agriculture and ht lift irrigation.v - commercial and others17. ..... held in para 14 of the said decision that a professional activity must be an activity carried on by an individual by his personal skill and intelligence and that there is a fundamental distinction between a professional activity and an activity of commercial character. .....

Ramdhandas and anr. Vs. the State of Punjab

Court : Supreme Court of India

Reported in : AIR1961SC1559; [1961(3)FLR48]; (1961)IILLJ102SC; (1961)63PLR835; [1962]1SCR852

..... if such retail trade is subsidiary or ancillary only to the main purpose of the exhibition or show; (m) oil mills not registered under the factories act, 1948; (n) brick and lime kilns; (o) commercial establishments engaged in the manufactured of bronze and brass utensils so far as it is confined to the process of melting in furnaces; and (p) saltpetre refineries.' 14. ..... the constitutional validity of the operative provisions of the punjab shops and commercial establishments act, 1958 (punjab act 15 of 1958), which we shall hereafter refer to as the ..... section 2(iv) defines a 'a commercial establishment' to which the act applies as meaning 'any premises wherein any business, trade or ..... for the regulation of conditions of work and employment in shops and commercial establishments. ..... produce (except ghee), bread, confectionery, sweets, chocolates, ice, ice-cream, cooked food, fruit, flowers, vegetables or green fodder; (d) shops dealing mainly in medicines or medical or surgical requisites or appliances and establishments for the treatment or care of the sick, infirm, destitute or mentally unfit; (e) shops dealing in articles required for funerals, burials or cremations; (f) shops dealing in pans (betel leaves), biris or cigarettes, ..... 1958, the following classes of establishments were exempted from the provisions of sections 9 and 10 : '(1) establishments dealing in the retail sale of phullian, murmura, sugar-coated grams and reoris; (2) commercial colleges of shorthand and typewriting .....

Anamalais Bus Transport Private Ltd., Chalakudi Vs. D. Ramakrishna Pil ...

Court : Kerala

Reported in : AIR1967Ker225; (1967)ILLJ498Ker

..... contended that the central act having dealt specifically with the conditions of service of motor transport workers would exclude the kerala act dealing generally with the conditions of service of workers in all shops and commercial establishments.article 254(1) of the constitution reads:'254 (1) if any provision of a law made by the legislature of a state is repugnant to any provision of a law made by parliament which parliament is competent to enact, or to any provision of an ..... (h) of the central act excludes inter alia 'any such person to whom the provisions of any law for the time being in force regulating the conditions of service of persons employed in shops or commercial establishments apply' this, i should think, is sufficient indication that, far from there being any conflict or inconsistency between the two acts, they had to be read in harmony with each other. ..... the two acts, counsel for the petitioner contended that the same field covered by the kerala act namely conditions of work and employment in shops and commercial establishments was also covered by the central act, with specific reference to the welfare and conditions of service of motor transport workers. ..... on an appeal preferred by 1st respondent to the 2nd respondent, (theepellate authority under section 18 of the kerala shops and commercial establishment act 1960), the 2nd respondent found that there had been an illegal termination of the service of the 1st respondent and directed the 1st respondent's .....

Raghavendra Ranga Pai Vs. Vishwanatha Pai

Court : Karnataka

Reported in : ILR1995KAR2664; 1995(6)KarLJ588

..... the said appeal was preferred invoking section 41 (2) of the madras shops and commercial establishments act, 1947 (hereinafter referred to as 'the madras act') before the competent authority then competent to entertain ..... court was considering the scope of the rajasthan shops and commercial establishment act which is on par with the madras act.22. ..... the appeal was preferred under section 41(2) of the madras shops and commercial establishments act, 1947. ..... respondent challenged his termination as illegal and sought for appropriate remedy under the shops and commercial establishments act. ..... , 1948 (bombay) act lxxix of 1948), as in force in the bombay area, the hyderabad shops and establishments act, 1951 (hyderabad act x of 1951), as in force in the hyderabad area the madras shops and establishments act, 1947 (madras act xxxvi of 1947), as in force in the madras area, and the mysore shops and establishments act, 1948 (mysore act ii of 1948), as in force in the mysore area, are hereby repealed: provided that section 6 of the ..... or theemployee as the case should lead evidence to show that in similar establishments in the particular area the age of superannuation is fixed at a particular age ..... case there is no evidence tendered by the petitioner to indicate what is the normal age of retirement in establishment similar to that of the petitioner. ..... any particular age as the age of superannuation there should be evidence regarding the age of superannuation in the similar establishment in the area. .....

Raghubar Dayal Singhal Vs. Rex

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. .....

The Management of Sri. Venkatramana Temple and Sri. Hale Mariyamma Tem ...

Court : Karnataka

Reported in : 2007(5)KarLJ311; (2008)ILLJ122Kant; 2007(5)KLJ311; 2007(3)KCCR2027; 2007(5)AIRKarR331

..... has held in the above case that a devaswom would not come within the purview of the shops and commercial establishments act, having regard to the paramount object of the institution as well as the particular functions it discharges ..... on a further examination of the case law, it is clear that the word 'establishment' in section 1(3)(b) of the payment of gratuity act, 1972 is not to be restricted as referring to 'commercial establishments' alone. ..... that the meaning to be ascribed to an 'establishment' could not be restricted only to commercial establishments. ..... the petitioners would emphasize that a temple cannot be termed as an establishment as understood under the shops and establishments act and is hence outside the purview of the payment of gratuity ..... division bench of the orissa high court had occasion to consider whether a temple was not an establishment with in the ambit of section 1(3)(b) of the payment of gratuity act. ..... contend that there is no denial of the fact that the respondents were erstwhile employees of the petitioners - the only objection is to the effect that the temples are not establishments covered under the payment of gratuity act. ..... to apply even to institutions which were exempted under the shops and establishments act (see: principal, bhartiya mahavidyalaya v. ..... petitioners that the payment of gratuity act, is not applicable to the petitioners since they are not engaged in any business, trade or profession and hence cannot be termed as an 'establishment' under the act. .....

Laxman Omanna Bhamane Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : [2002(92)FLR1031]; ILR2002KAR443; 2002(2)KarLJ208

..... case of the petitioner is that most of his customers are marathi speaking people and if he is asked to display his name board on the shop in kannada as required under rule 24-a of the karnataka shops and commercial establishments rules, 1963 (hereinafter referred to as 'the rules'), his customers will not be in a position to identify his shop and consequently he would suffer loss in his business. ..... the petitioner in this petition has sought for a declaration that the provisions of section 23, read with rule 24-a of the shops and commercial establishments act, 1963 is ultra vires of article 30 of the constitution of india and also for a declaration that the pamphlets issued by the deputy commissioner and the kannada development authority are illegal and void being contrary ..... though the petitioner has sought for declaration that section 23 of the shops and commercial establishments act, 1961 is ultra vires, there is no need to consider the said contention since section 23 has been omitted by act 4 of ..... rule 24-a of the rules provides that the name board of every establishment shall be in kannada and therefore if he is asked to display the name board of the shop in kannada, the petitioner will not be in a position to conserve marathi language since marathi speaking people in certain taluks in belgaum form a minority as ..... --the name board of every establishment shall be in kannada and wherever other languages are also used, the versions in such other languages shall be below the kannada .....

N.S. Srinivasamurthy and ors. Vs. the Registrar of Co-operative Societ ...

Court : Karnataka

Reported in : ILR2003KAR4858; 2004(1)KarLJ179; (2004)ILLJ1085Kant

..... 'the karnataka shops and commercial establishments act, 1961, which repealed 1948 act contains the following provisions relating to repeal and saving:'section 42 : repeal and savings:- the bombay shops and establishments act 1948 (bombay act lxxix of 1948), as in force in the bombay area, the hyderabad shops and establishments act, 1951 (hyderabad act x of 1951), as in force in the hyderabad area, the madras shops and establishments act, 1947 (madras act xxxvi of 1947) as in force in the ..... the learned single judge on consideration found that in view of the notification issued under the mysore shops establishments act, 1948 (for short 1948 act), which has continued even after the karnataka shops and commercial establishments act, 1961 (for short 1961 act), the p.g. ..... we do not agree with the learned counsel appearing for the employees that the provisions of section 24 would not apply in the case or save the notification issued under the mysore shop and establishment act, 1948 because the provisions made in the repealed act and the new enactment in the matter of minimum wages act were inconsistent. ..... 'section 6 of the 1948 act reads as follows:-section 6: 'the state government may by notification, exempt either permanently or for specified period, any establishment or class of establishments, or person or class of persons, from all or any of the provisions of this act, subject to such conditions as the government deems fit. .....

N.B. Krishna Kurup Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR2006Ker309

..... as such, the 2nd respondent cannot be party to condescending to violation of statutory provisions of one of its licensees, that too, in respect of beneficial legislations like employees provident fund and miscellaneous provisions act, esi act, shops and commercial establishments act and taxation legislations like kerala general sales tax. ..... more than five years.certificate indicating turnover of the applicant from catering/hospitality business issued by sales tax officer/trade tax officer dating more than five years.registration under the shops and establishments act dating more than five years in catering/hospitality business.of course, deriving support from the word 'such as' occurring in the above said clause, counsel for the 4th respondent would submit that the ..... completed financial year 2004-05,(iv) should have sufficient number of qualified personnel with at least three years diploma from a recognised catering institution in food and hospitality (hotel management) in its regular employment,(v) should have catering establishments/ base kitchen with modern equipment and gadgets and(vi) should be an income tax payer.4. ..... admittedly, the 4th respondent does not have any such licence as has been communicated to the petitioner by the deputy commissioner, commercial taxes. .....