Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | EMPLOYEES' STATE INSURANCE ACT 1948: c s. 1 (5) - 'Establishment' - 'shop' - Turf Club |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | EMPLOYEES' STATE INSURANCE ACT, 1948: c s. 1 (5) - 'Establishment' - 'shop' - Turf Club - Held: A 'shop' is a business establishment where a systematic or organised commercial activity takes place with regard to the sale or purchase of goods or services, and includes an establishment that facilitates these transactions as well - An D establishment being a place of business and a shop being a business establishment, it can be said that a 'shop' is indeed covered under, and may be called a sub-set of the term 'establishment' -- The activities of appellant-Turf Clubs are in the nature of organised and systematic transactions -- E Appellants-Turf Clubs, in essence, take money from viewers, members as well as the general public, as admission fee and in return provide them with certain services, those being the actual viewing of the race and facilitating placing of bets -- Thus, a race-club, of the nature of appellants, would fall under F the scope of the term 'shop' and thereby the provisions of ES/ Act would extend upon them by virtue of the respective impugned notifications issued under sub-s. (5) of s. 1 - Therefore, it is held (i) a 'race-club' is an 'establishment' as rightly held in the case of Employees State Insurance Corporation v. Hyderabad Race Club; and (ii) Appellant-Turf G Clubs are duly covered under the term 'shop' for the purposes of ES/ Act and notifications issued thereunder -- Government of Tamil Nadu Notification No. l/(2)/LE/1859176 dated3.04.1976 - Government of Maharashtra Notification No. ES/. 167713910/PH-15 dated 18.09.1978. s. 1 - 'Entertainment' - Horse racing - Held: Is a form of · entertainment -- Such an entertainment is provided not only to the members of the appellant-Clubs, but also to the general public on payment of a certain admission fee. s. 1 (5) - 'Establishment' - 'shop' - Chit Fund - Held: In light of the fact that appellant-Chit Fund provides for seNices and in return the foreman receives a commission, there C existing a systematic commercial activity and a rendering of seNices taking place, activities of Chit Fund would be those as would fall um:Jer the definition of a shop as evolved by the Court -- Therefore, in accordance with the reasoning if] Civil Appeal No.2416 of 2003 and other connected appeals, D appellant chit fund would fall within the meaning of the word 'shop' as mentioned in the notification issued under ES/ Act -- Therefore, provisions of ES/ Act would extend to appellant also - Government of Tamil Nadu Notification No. 11(2)/LEI 1859176 dated 03.04.1976.INTERPRETATION OF STATUTES: Statutes pari materia -- Maharashtra Shops and Establishments Act, 1948, Kamataka Shops and Commercial Establishments Act, 1961 and ES/ Act--Held: Statutes are F said to be in pari materia with each other when they deal with the same subject-matter -- The rationale behind this rule is based on the interpretative assumption that words employed in legislations are used in an identical sense --However, this assumption is rebuttable by the context of the statutes -- ES/ G Act, the Act, 1948 and the Act, 1961 deal with labour and workmen, in essence and spirit they have a different scope and application -- The Acts do not appear to have any overlap· in their fields of operation and have mutually exclusive schemes -- Therefore, it cannot be said that the said Acts are H pari materia with each other.Liberal and beneficial interpretation -- Beneficial A legislation for welfare of workmen and employees -- Held: In the case of beneficial legislations and legislations enacted for welfare of employees and workmen, Court has on numerous occasions adopted liberal rule of interpretation to ensure that the benefits extend to those workers who need to be covered B based on the intention of the Legislature -- Since ES/ Act is passed for conferring certain benefits to employees in case of sickness, maternity and employment injury, it is necessary that ES/ Act should receive a liberal and beneficial construction so as to achieve legislative purpose without c doing violence to the language of the enactment -- In light of the judgments of the Court and in particular Cochin Shipping Case and the Bombay.Anand Bhavan Case, an expansive meaning may be assigned to the word 'shop' for the purposes of the ES/ Act. D Beneficial legislation - ES/ Act - Certain terms not defined in the Act - Resort to dictionary meaning and judicial pronouncements - Explained. |
Judge | N/A |
Neutral Citation | 2014 INSC 986 |
Petitioner | The Bangalore Turf Club Ltd. |
Respondent | Regional Director, Employees State Insurance Corporation |
SCR | [2014] 8 S.C.R. 1021 |
Judgement Date | 2014-07-31 |
Case Number | 2416 |
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