Established - Law Dictionary Search Results
Home Dictionary Name: establishedEstablishment
Establishment, includes a shop, commercial estab-lishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(iv)]1. The act of establishing, the state or condition of being established, 2. An institution or place of business, Black's Law Dictionary, 7th Edn., p. 566.It includes any place where any industry is carried on [and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment. [Apprentices Act, 1961 (52 of 1961), s. 2(g)]It means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the government or a local authority or a Government company as defined in s. 617 of the Companies Act 1956 and includes Departments of a Gove...
Commercial establishment
Commercial establishment, in the definition of a Commercial Establishment in s. 2 cl. 3 of the U.P. Shops and Commercial Eastblishment Act, 1947, the clerical and other establishments of a factory to whom the provisions of the Factories Act, 1934, do not apply, are included in the connotation of that expression. It is true that the reference in the definition by which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference to the provisions of the Factories Act LXIII of 1948 which repealed the Factories Act of 1934 and re-enacted it. It is difficult to say that field workers who are employed in guiding, supervising and controlling the growth and supply of sugarcane to be used in the factory are employed either in the precincts of the factory or in the premises of the factory; and if these workers are not employed in a factory, the provisions of the F...
Newly set up establishment
Newly set up establishment, the word 'establish-ment' is also found used in s. 3 and that section clearly indicates that an establishment may consist of different departments or undertakings and it is, therefore, not synonymous with 'undertaking' which has been defined, though in a different context, by this Court in Gymkhana Club Employees' Union v. Management, (1968) 1 SCR 742: AIR 1968 SC 554: (1967) 2 Lab LJ 720 to mean 'any business or any work or any project which one engages in or attempts as an enterprise analogous to business or trade'. The dictionary meaning of 'establishment' as given in Webster International Dictionary includes inter alia 'an institution or place of business, with its fixture and organised staff;as, large establishment, a manufacturing establishment'. 'Establishment' therefore means the whole trading, business or manufacturing apparatus with a separate identifiable existence. This apparatus which is used for the purpose of carrying on trade, business or und...
Establishment in private sector
Establishment in private sector, means an establish-ment which is not an establishment in public sector. [Apprentices Act, 1961 (52 of 1961), s. 2 (h)]Means an establishment other than an establishment in public sector. [Payment of Bonus Act, 1965, s. 2 (15)]It means an establishment which is not an establish-ment in public sector and where ordinarily twenty-five or more persons are employed to work for remuneration. [Employment Exchanges (Comp-ulsory Notification of Vacancies) Act, 1959, s. 2 (g)]...
In connection with the work of an establishment
In connection with the work of an establishment, 'in connection with the work of an establishment' only postulates some connection between what the employee does and the work of the establishment. He may not do anything directly for the establish-ment; he may not do anything statutorily obligatory in the establishment; he may not even do anything which is primary or necessary for the survival or smooth running of the establishment or integral to the adventure. It is enough if the employee does some work which is ancillary, incidental or has relevance to or link with the object of the establishment, Royal Talkies v. Employees' State Insurance Corporation, AIR 1978 SC 1478: (1978) 4 SCC 204: (1979) 1 SCR 80....
Industrial establishment
Industrial establishment, means an industrial undertaking or a company as defined under s. 3 of the Companies Act, 1956 or a firm registered unders. 59 of the Indian Partnership Act, 1932 which is engaged in any industry, or in any trade, business or service. [Central Industrial Security Force Act, 1968 (50 of 1968), s. 2 (1) (ca)]Industrial establishments, s. 1(3)(b) applies to every establishment within the meaning of any law for the time being in force in relation to establishments in a State. Such an establishment would include an industrial establishment within the meaning of s. 2(ii)(g) of the Payment of Wages Act. Accordingly, the Payment of Gratuity Act applies to an establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or the supply of water, or relating to the generation, transmission and distribution of electricity or any other form of po...
Body corporate established by any law
Body corporate established by any law, the words 'body corporate established by any law' should be deemed to include even a body corporate established under any law i.e., even a company. But it appears that the words 'body corporate established by any law' have been deliberately used. While all companies and corporations, as defined in the Act are liable to pay bonus, the intention seems to be that only subsidies paid by body corporate established by any law, should be deductible items and not subsidies paid by bodies corporate established under any law. Sch. II, item 6(g), Payment of Bonus Act, 1965. Shri Ambica Mills Ltd. No. 1 v. Textile Labour Association, (1973) 3 SCR 123: AIR 1973 SC 1081: (1973) 3 SCC 787 (796)....
Establish
Establish, The meaning of the word 'establish' as given in the New Collins Concise Dictionary, 1983 edn., is: 'I. to make secure or permanent in a certain place, condition, job etc. 2. to create or set up (an organisation etc.) as on a permanent basis.' According to Webster's Comprehensive Dictionary (International edn.), the word 'establish' means: '1. to settle or fix firmly; make stable or permanent. 2. to set up; found, as an institution or business. 3. to set up, install (oneself or someone else) in business, a position, etc.', Shiromani Gurdwara Prabhandhak Committee v. Mihan Singh, (1993) 3 SCC 650: 1993 (4) JT 202. [Sikh Gurdwaras Act, 1925 s. 16(2)(iii) and 7(i)]In Shorter Oxford English Dictionary, Third Edition 'the word establish' has a number of meanings i.e., to ratify, confirm, settle, to found, to create. The word 'establish' includes creation also. In Webster's Third New International Dictionary, the word 'establish' has been given a number of meanings, namely, to foun...
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
established
brought about or set up or accepted especially long and widely accepted as distrust of established authority a team established as a member of a major league enjoyed his prestige as an established writer an established precedent the established Church Contrasted with unestablished...
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