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8. The position, therefore, to be found in the case before us is that when the said Act came to be enacted the meaning of the terms 'industrial establishment' was to be understood in accordance with the position available at that time, under the Payment of Wages Act, 1936. That clearly excluded the petitioner-Bank and establishment of that type and as such, the order of certifying authority is clearly without jurisdiction.

9. On behalf of the respondent, a submission was made with reference to the Bombay Shops and Establishment Act where there is provision of making Payment of Wages Act applicable to the establishments covered by the Act. In this regard learned Advocate Shri Clerk has fairly conceded that Shops and Establishment Act does apply to petitioner-Bank and by virtue of a Notification issued under Section 38 of the Shops and Establishment Act making the Payment of Wages Act applicable to establishments located in the area of specified local authority. The said Notification is dated 23.1.1970 where amongst the local authorities, Valsad Municipality has been referred to at Item No. 47. Head Office of petitioner-Bank is located at Bulsar. However, the application of the Payment of Wages Act by itself will not make the Industrial Employment (Standing Order) Act, 1946 that is the said Act, automatically applicable to the Bank because by this Notification what has happened is that the Payment of Wages Act has been applied with effect from 1.4.1970 as stated in the said Notification dated 23.2.1970. This has happened notwithstanding anything contained in the Payment of Wages Act by the force of Notification itself. But that will not change the position that was available under the said Act vis-a-vis the meaning of the word 'industrial establishment' as contained in its definition Clause 2(e) to be read alongwith the Payment of Wages Act definition, as contained in it at the time when the said Act came to be passed. Thus applicability of the Payment of Wages Act to the petitioner-Bank will be of no avail so far as the question before us is concerned.