Amendment status not verified — confirm the current text below against the official source.
Provisions as to trading elsewhere than in establishments - Save as otherwise provided by any law for the time being enforce, it shall not be lawful in any locality to carry on in any place not being an establishment retail trade or business of any class at any time if it is unlawful in that locality to keep an establishment open for the purpose of such retail trade or business, and if any person carries on any trade or business in contravention of this section, this Act shall apply as if he were the employer of the establishment which was being kept open in contravention of this Act. COMMENTARY Taking into consideration the provision contained in Section 25 the storing of goods and writing of accounts by an individual where nothing besides this done did not make such premise, a commercial establishment within the meaning of the definition in Section 2 (vi) of the Act. [Ram Chander Baru Ram Vs. State of Punjab 1963 AIR (Pb.) 148 (F.B.)]. It has been laid down by the Hon'ble Calcutta High Court that it has to be borne in mind that the Act is for "persons employed" in the Shops and Establishments. Hence persons who are working in the clerical department of the head office of the company and who had being shifted and attached to the different shops floors of the factory of the company could be treated as clerical deptt. of factory under the Act. They did not cease to constitute a department simply because their place of work has been shifted or has no identifiable location. [Guest Keen Williams Ltd. Vs. State of West Bengal and others 1977 Lab IC 1203 (Cal.)].