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1984 (8) TMI 353

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..... (referred to herein as 'the Act'). The appellant, V. Sasidharan, was working as a clerk in a firm of lawyers which is respondent 1 to this appeal. Respondents 2, 3 and 4 are partners of the firm. The services of the appellant were terminated by the firm on February 3, 1977, whereupon he preferred an appeal to the Appellate Authority under the Act. A preliminary objection was raised in that appeal by the firm on the ground that it was not a commercial establishment. By a judgment dated August 11, 1977, the Appellate Authority upheld the preliminary objection and dismissed the appeal. Being aggrieved by that judgment, the appellant filed a writ petition (O.P.No. 3380 of 1977-B) in the High Court of Kerala. A learned single Judge .....

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..... ncludes offices, store rooms, godowns or warehouses, whether in the same premises or otherwise, used in connection with such trade or business but does not include a commercial establishment or a shop attached to a factory where the persons employed in the shop are allowed the benefits provided for workers under the Factories Act, 1948 (Central Act 63 of 1948) It is on the basis of these definitions that we shall have to decide whether the office of a lawyer or of a firm of lawyers is a commercial establishment within the meaning of the Act. The definition contained in section 2 (4) may be simplified by restating it in separate clauses as follows: (1) Commercial Establishment means five different kinds of establishments: commercial, .....

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..... n section 2(15) shows that in order that an establishment can be regarded as a shop, it is necessary that some 'trade' or 'business' must be carried on there or some service must be rendered to 'customers. The expression 'shop' also includes offices, warehouses store rooms or godowns which are used in connection with the trade or business. It does not require any strong argument to justify the conclusion that the office of a lawyer or of a firm of lawyers is not a 'shop' within the meaning of section 2(15). Whatever may the popular conception or misconception regarding the role of to-day's lawyers and the alleged narrowing of the gap between a profession on one hand and a trade or business on the othe .....

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..... mmercial establishment'. The various clauses of that definition would show that establishment, far apart from professional offices, were within the contemplation of the legislature. For these reasons, we are of the opinion that the office of a lawyer or of a firm of lawyer is not a 'commercial establishment' within the meaning of the Act. This conclusion is strengthened by the other provisions of the Act. Chapter I-A of the Act provides for registration of establishments, Chapter II for hours of work, Chapter III for holidays and leave, Chapter IV for wages, Chapter V for employment of children and women and Chapter VI for health and safety measures. Section 6 of the Act provides that no employee in any establishment shall be .....

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..... of the duties which they are required to perform and the time they spend is not a profitless pastime. An argument was strongly pressed upon us on the basis of the decision of this Court in Bangalore Water supply and Sewage Board v. A. Rajappa.(1) The High Court has rightly observed that the question which arose in that case was entirely different, namely, the sweep of the meaning of the word 'industry'. The ratio of that decision is that term 'industry' covers any activity which is systematically or habitually undertaken for the production or distribution of goods or for rendering material services to the community at large with the help of employees. The question which arises in this appeal is basically different, namel .....

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