Amendment status not verified — confirm the current text below against the official source.
A maternity home established and run by a doctor. State of Maharashtra v. Smt. Dhanlaxmi v. Meisheri, 1981 Lab. IC 907. Tee Depot. Ramchandra v. State of Punjab, AIR 1963 Pun. 148 : 1963 (1) LLJ 620. Establishment of a Chartered Accountant. Merchant N. E. v. Bombay Municipal Corpn., AIR 1968 Bom. 283: 1968 (1) LLJ 187. Stall and space of hawkers. Abdul Ghani Abdul Shakoor v. State, 1961 (1) LLJ 696. Canteens run by employers. Hotel Mazdoor Sabha v. Alvares, AIR 1965 Bom. 13 : 1964 (2) LLJ 1. Godown (unless specially notified by the State Govt.) Lipton India Ltd. v. Secy. to Govt. A.P., 1978 (1) LLJ 247; State of Mysore v. Brooke Bond India (P) Ltd., 1968 (2) LLJ 309. Bihar State Village and Khadi Industries Board. Member Security. B.S. K. & V. I. B. v. D. Prasad, 1966 BLJR 381. Establishment of the treatment or care of infirm, sick, destitute or the mentally unfit. Jagdish Vastralay v. State of Bihar, AIR 1964 Pat. 180: 1964 BLJR 672. The existence of any ‘employee’ on an establishment is not a condition precedent to the application of the Act to the said establishment. Corporation of the City of Nagpur v. Dattatraya Balkrishna Naniwadekar, 1979 Lab. IC 337. The words “to which the Act applies” do not mean “to which the provisions of this Act could apply”. These words are included in the sub-section because even in respect of certain shops, or commercial establishments and other type of establishments properly coming within the ambit of the Act, the provisions of the Act may not apply because of the exemptions granted by the State Government. ibid. The definition of the term “employer” is without any reference to “employee”. A person who owns an establishment is an “employer” though there may not be any employee at all in the establishment. The same would be the position where the workers working in the establishment are the members of the employer’s family. ibid. A business being run for gain or profit on a regular and systematic way is a “commercial establishment”. Therefore a social organisation giving on hire for marriage and other ceremonies, premises, utensils, pandals and other articles, on a regular and systematic manner is a “commercial establishment”. ibid. The commercial activity of a “Club” must mean dealing by the “Club” with non- member or outsiders. However dealing with its own members or the guests of the members on the part of any “club” will not amount to commercial activity unless such dealings are held to be a camouflage. Beldih Club v. Presiding Officer, 1991 (1) PLJR 81 : 1990 (2) BLJR