amended by Gujarat
Amendment Act, 1961 s. 2(4)--'Establishment' definition
of--If violates Art. 14.
HEADNOTE:
After the State of Bombay ... that discrimination was writ large in the definition
of 'establishment'.
Allowing the appeal to this Court,
HELD : (1)(a) Unpaid accumulations represent
extended by the State Governments; (b) to include in the definition of "industrial establishment" air transport services other than military, naval and air forces ... clause 3(a) of the Bill). (ii) The existing definition of "industrial establishment" is being converted as a definition of "industrial or other establishment
discontinue any public ferry which it deems unnecessary. Every such declaration, establishment, definition, change or discontinuance shall be made by notification in the Official Gazette
definition under the Contract Labour (Regulation & Abolition) Act under
Section 2(e) is differently worded when compared to the definition of
'establishment ... definition of 'industry' under Section 2(j) of the Industrial
Disputes Act cannot be applied to the definition of 'establishment' under
commercial establishment. In describing an establishment in which is carried or which carries on business, trade or profession as a commercial establishment the law does ... obviously laid on the character if an establishment as a "commercial establishment". Unless an establishment, even though carrying on a business, trade
definition under the Bombay Shops and Establishment Act, 1948 , petitioner is satisfied his ingredients of industrial establishment definition given under Section 2(e) of Industrial ... consultants or advisers. The petitioner establishment cannot, therefore, be said to be an industrial establishment within the definition of Section
contended that the amendment sought to enlarge the definition of commercial establishment by including the establishment of a legal practitioner along with others ... legal practitioner or medical practitioner could be included in the definition of commercial establishment under S. 2(4) of the unamended Act. The preamble
establishment functions, there cannot be any commercial establishment within the meaning of the expression "commercial establishment" in the Act. "Commercial establishment ... definition of "establishment". Word "establishment" in "commercial establishment." does not take its colour from the definition of expression
said definition, it is evident that it uses the word 'means' as also 'includes' and then the definition "establishment ... definition of 'establishment' is in two parts. By the first part, an establishment has been defined to mean, an establishment which carries
establishment' as a shop, a commercial establishment, residential hotel etc., the same word 'establishment' is used in defining 'commercial establishment ... obviously laid on the character of an establishment as a "commercial establishment". Unless an establishment, even though carrying on a business, trade
