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Law Dictionary Home Dictionary Definition establishment

Establishment, includes a shop, commercial estab-lishment, workshop, farm, residential hotel, restaurant, eating house, theatre or other place of public amusement or entertainment. [Child Labour (Prohibition and Regulation) Act, 1986, s. 2(iv)] 1. The act of establishing, the state or condition of being established, 2. An institution or place of business, Black's Law Dictionary, 7th Edn., p. 566. It includes any place where any industry is carried on [and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment. [Apprentices Act, 1961 (52 of 1961), s. 2(g)] It means a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the government or a local authority or a Government company as defined in s. 617 of the Companies Act 1956 and includes Departments of a Government. [Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, s. 2(k)] It means a shop, restaurant or theatre. [Weekly Holidays Act, 1942, s. 2(a)] It means an establishment engaged in pharma-ceutical industry or in any notified industry. [Sales Promotion Employees (Conditions of Service) Act, 1976, s. 2(a)] It means any place or premises including the precincts thereof in which or in any part of which any manufacturing process connected with the making of beedi or cigar or both is being, or is ordinarily, carried on and includes an industrial premises. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966, s. 2(h)] It means (a) any office, or (b) any place where any industry, trade business or occupation is carried on. [Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959, s. 2 (e)] It means (i) any office or department of the Government or a local authority; or (ii) any place where any industry, trade, business, manufacture or occupation is carried on. [Inter-State Migrant Workmen (Regulation of Employ-ment and Conditions of Service) Act, 1979, s. 2 (1) (d)] It means (i) any office or department of the Government or a local authority, or (ii) any place where any industry, trade, business, manufacture or occupation is carried on. [Contract Labour (Regulation and Abolition) Act, 1970, s. 2 (1) (e)] The word 'establishment' is defined in s. 2(h) of the Beedi and Cigar Workers (Conditions of Employ-ment) Act, 1966 to mean any place or premises including the precincts in which or in any part of which any manufacturing process connected with the making of beedis or cigars or both is carried on and it includes an industrial premises, Mangalore Ganesh Beedi Works v. Union of India, (1974) 4 SCC 43: AIR 1974 SC 1832: (1974) 3 SCR 221. 'Establishment means the bringing into being of an institution and it must be by a minority community. It matters not if a single philanthropic individual with his own means, founds the institution or the community at large contributes the funds, the position in law is the same and the intention in either case must be to found an institution for the benefit of a minority community by a member of that community. It is equally irrelevant that in addition to the minority community others from minority communities or even from the majority community can take advantage of these institution. Such other commu-nities bring in income and they do not have to be turned away to enjoy the protection, State of Kerala v. Very Rev. Mother Provincial, (1970) 2 SCC 417: AIR 1970 SC 2079 (2082). [Constitution of India, Art. 30(1)] The dictionary meaning of 'establishment' as given in Webster's International Dictionary includes inter alia 'an institution or place of business, with its fixtures and organised staff; as, large establishment, a manufacturing establishment'. Establishment' therefore means the whole trading, business or manufacturing apparatus with a separate identifiable existence, Central Inland Water Transport Corp. Ltd. v. Their Workman, AIR 1957 SC 1639 (1644): (1975) 4 SCC 348. Establishment, envisages activities being carried out at a fixed location and which have a nexus with the geographical setting of such establishments in the states concerned and, according, each branch of the establishment was a separate unit and hence the branches of the appellant functioning in different parts of the country bad to be separately dealt with by independent notification, if any, to be issued by the State concerned where these branches were located, Transport Corpn. of India v. Employees State Insurance Corpn., (2001) 1 SCC 332. Race clubs are establishments, E.S.I. Corporation v. Hyderabad Race Club, (2004) 6 SCC 191: AIR 2004 SC 3972. [Employees State Insurance Act, 1948, s. 1(15)] The word 'establishment' is defined in s. 2(6) of the Bihar Shops and Establishments Act, 1953 to mean an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession. The Bhagalpur and Sultanganj Ferries are establishments which carry on business or trade of plying ferries across the Ganges and they are clearly within the meaning of the word, 'establishment' in s. 2(6) and consequently they would also be establishments within the meaning of that expression as used in the amended Entry 27, Ram Kumar Misra v. State of Bihar, AIR 1984 SC 537 (539): (1984) 2 SCC 451. [Bihar Shops and Establishments Act, 1953, s. 2(6), Minimum Wages Act, 1948, Sch. Entry 27]

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