Amendment status not verified — confirm the current text below against the official source.
Canteens run by employer for employees but also thrown open to public. Nagpur Corpn. (Civil) Canteen v. P.P. Kulkarni, 1975 Lab. IC 1382. Where the doctor runs several services in the premises with the help of others and such services can be had by any one though he is not the patient, on payment of charges, it would not be rendering professional service but would be in the nature of running a business or trade. Consequently, such an establishment would come within the purview of a business or trade for profit. Therefore, where a physician apart from rendering medical advice or treatment to his patients admittedly provided three other services viz. (1) a Pathological Laboratory, (ii) X-ray facilities and (iii) arrangements for indoor patients; and all these services were available also to persons who were not his patients and were the patients of other doctors, it is apparent that the place was run and operated upon by the physician not merely as a doctor’s clinic. In absence of any averment that these services were being rendered as a charitable institution or on “no profit-no loss basis”, the establishment would be deemed to be of commercial nature covered under the Act. Vinai Kumar Gupta v. Asstt. Labour Commissioner, 1981 Lab. IC 1433. But the following arc not establishments :— Transport Undertakings covered by Motor Transport Workers Act. Bihar State Road Transport Corpn. v. Orang Bahadur, AIR 1968 Pat. 200; Amarnath Singh v. Presiding Officer, 1969 BLJR 1078 : 1969 PLJR 466 : S.K. Agarawal v. Asstt. Inspector of Labour, 42 FJR 332; Narayan Sharaf v. S.S.P. Sinha, 1970 Lab. IC 1651; Cheram Transport Ltd. v. Addl. Commr., 1979 (1) LLJ 233. Office of a chartered Architect. L.M. Chitale & Sons. v. Commissioner of Labour, 1963 (2) LLJ 747. Hostel attached to educational institution working on no profit no loss basis. National Institute of Engineering Society v. Labour Inspector, 1975 Lab. IC 1134. Sec. 2 | Bihar Shops & Establishments Act, 1953 | 13 14 | Bihar Shops & Establishments Act, 1953 | Sec. 2 Establishment of a Contractor. K.P. Poulose v. Asstt. Labour Officer, 47 FIR 153. Office of an Advocate. Sakharam Narayan Kherdekar v. City of Nagpur Corpn., AIR 1964 Bom. 200: 1964 (1) LLJ 156, see also V. Sasidharan v. M/s Peter & Karunakar, AIR 1948 SC 1700 : 1948 Lab. IC 1587. If the nature of work is such that it cannot be operated from a permanent location. Radha Kant Singh v. State of Bihar, 1977 BBCJ 351. Private dispensary of a Doctor. Dr. Debendra M. Suri v. State of Gujrat, AIR 1969 SC 63 : 1969 BRLJ 67. See also Vinai Kumar Gupta v. Asstt. Labour Commissioner, 1981 Lab. IC