Per J. B. Koshy, J.

Petitioners in these Original Petitions challenge Ext. P1 notification fixing minimum wages for "artists in photo studios" and also "photographers" under S. 3 of the Minimum Wages Act. Two contentions are pressed before us. The first contention is that under entry 21 only shops and establishments are notified and under Entry. 21 Government can fix the minimum wages with regard to employees employed in shops and establishments including hotels and restaurants. Petitioners contention is that since nothing is sold in their establishment through counter, it cannot be called as 'shop'. Shop is not defined in the Minimum Wages Act. As per the definition of 'shop' under the Shops and Commercial Establishments Act, 1960 the premises wherein any services are rendered to customers or where any trade or business is carried on comes within the definition of "shop". The petitioners are rendering service. In the absence of definition to 'shop' under the Employees State Insurance Act, the Supreme Court held that establishments rendering service also can be called as a "shop". (See M/s. Cochin Shipping Co. v. E.S.I. Corpn. (AIR 1993 SC 252, 1992 (65) F.L.R. 676. Ther