AI Overview...
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Section 66 of the Kerala Shops and Commercial Establishments Act, 1960 - This section pertains to the termination of services of employees within commercial establishments. Courts have examined its provisions concerning lawful termination procedures, including whether due notice or compensation is required. Notably, some judgments have discussed the applicability of Section 66 in cases of service termination, emphasizing compliance with procedural safeguards Ramesan VS Thomas - Kerala, Daji Dada Pawar & others VS Ornate Multi Model Carriers Pvt. Ltd - Bombay.
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Definition of Establishment - The Act defines establishment broadly, including shops, commercial establishments, and other entities engaged in commercial activities. Various judgments interpret the scope of this definition, clarifying whether specific entities like law firms, educational institutions, or religious establishments fall under the Act's purview. For example, courts have held that certain establishments like nationalized banks or religious institutions may or may not be covered depending on their nature and activities SASIDHARAN VS PETER & KARUNAKARAN - Kerala, St. Anns College for Women VS State of Telagana - Telangana, E. Gopal VS Arulmigu Dhandayuthapaniswamy Temple, Palani - Madras.
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Applicability and Exemptions - The Act's applicability varies based on the type of establishment and its primary function. Some entities, such as educational or religious institutions, may be exempt or fall outside the scope if they do not primarily engage in commercial activities. The courts have analyzed whether certain organizations qualify as establishments under the Act, considering factors like profit motive and nature of operations St. Anns College for Women VS State of Telagana - Telangana, E. Gopal VS Arulmigu Dhandayuthapaniswamy Temple, Palani - Madras.
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Constitutional Validity - Certain provisions of related statutes, such as Section 66(1)(b), have been challenged on constitutional grounds. High courts have examined whether these provisions violate fundamental rights under Articles 14, 15, 16, and 19(1)(g) of the Constitution. In some cases, provisions like Section 66(1)(b) have been declared ultra vires and struck down, emphasizing the need for provisions to align with constitutional principles Mahila Utkarsh Trust VS Union of India Thro Secretary - Gujarat.
Analysis and Conclusion:
Section 66 of the Kerala Shops and Commercial Establishments Act, 1960, primarily governs the termination of employment within commercial establishments, emphasizing procedural safeguards. The scope of establishment is interpreted broadly but with specific exclusions, depending on the nature of the entity and its activities. Courts have scrutinized the constitutional validity of certain provisions, ensuring they do not infringe fundamental rights. Overall, the section aims to regulate employment termination fairly within the framework of the Act, with judicial rulings clarifying its application and limits Ramesan VS Thomas - Kerala, SASIDHARAN VS PETER & KARUNAKARAN - Kerala, Mahila Utkarsh Trust VS Union of India Thro Secretary - Gujarat.
Search Results for "Section 66 of the Kerala Shops and Commercial Establishments Act 1960"
1995 0 Supreme(Ker) 22 • India - Kerala
B.N.PATNAIK, K.SREEDHARAN
Commercial Establishment - Termination of Services - Kerala Shops and Commercial Establishments Act, 1960 (S.18(1), S.18(2), S ... The committee was challenged under the Kerala Shops and Commercial Establishments Act, 1960 for terminating the employee's services ... Ratio Decidendi: The court interpreted the definition of 'commercial....
1978 0 Supreme(Ker) 133 • India - Kerala
V.KHALID, V.P.GOPALAN NAMBIYAR
commercial establishment - Kerala Shops and Commercial Establishments Act, 1960 - S.2(4), S.2(8), S.2(6), S.2(7) - The court discussed ... Shops and Commercial Establishments Act, 1960. ... Commercial Establishments Act, 1960. ... Is a firm of lawyers a 'commercial #HL_STAR....
1989 0 Supreme(Pat) 331 • India - Patna
S.B.SINHA, B.P.SINGH
Bihar Shops and Establishments Act, 1953 (hereinafter referred for the sake of brevity as the Act) unless it carries on a commercial ... BIHAR SHOPS AND ESTABLISHMENTS ACT, 1953 - ESTABLISHMENT - DEFINITION - INTERPRETATION - CLUB - WHETHER AN ESTABLISHMENT - HELD ... Ratio Decidendi: The court interpreted the definition of "establishment" under Section 2(6) of the Act....
2003 0 Supreme(Bom) 675 • India - Bombay
R.M.S.KHANDEPARKAR
Establishments Act, 1948, Section 66 - Motor Transport Workers Act, 1961 - Workman - Termination of services - Without complying ... with Section 25-F - No notice under Section 66 - Workmen/petitioners failed to prove that they have worked for 240 days continuously ... ... Industrial Disputes Act, 1947 - Section 25-F - Bombay Shops and ... in the MTW Act corresponding to #HL_STA....
2018 0 Supreme(Ker) 461 • India - Kerala
ALEXANDER THOMAS
Employees Provident Funds and Miscellaneous Provisions Act 1952, S. 2(f) -Remuneration which is received by an employee though on ... as envisaged in Section 2(4) of the Kerala Shops and Commercial Establishments Act, 1960. ... all commercial establishments coming under the Kerala Shops and Commercial Establishments Act, #HL_S....
2021 0 Supreme(Telangana) 254 • India - Telangana
SATISH CHANDRA SHARMA, B.VIJAYSEN REDDY
Constitution of India, 1950 - Article 19(1)(g) - Telangana Shops and Establishments Act, 1988 - Section ... and definition ‘establishment’ as defined under Section 2(10) of Telangana Shops and Establishments Act, 1988 – Held, an “establishment ... and is not covered under provisions of Shops and Establishments Act - Whether an educational institution is covered ....
2019 0 Supreme(Kar) 1643 • India - Karnataka
B.V.NAGARATHNA, K.N.PHANEENDRA, B.A.PATIL
within meaning of clause (e) of Section 2 of Karnataka Shops and Commercial Establishments Act, 1961 and thereby is an establishment ... and Commercial Establishments Act, 1961 - Section 2 - Working Journalists and Other Newspaper Employees and Miscellaneous Provisions ... as defined in Act of 1997 in State of Karnataka would be an establishment within meaning of Karnataka #HL_ST....
2012 0 Supreme(Mad) 3867 • India - Madras
Elipe Dharma Rao, D.Murugesan, M.Venugopal
to non-commercial establishments, including Religious Institutions. ... Act would apply to non-commercial establishments, including Religious Institutions. ... Act would apply to non-commercial establishments, including Religious Institutions. ... The Punjab Shops and Commercial Establishments Act does not relate to all kinds of establishments. Besides shops, it relates to #HL_ST....
1984 0 Supreme(Mad) 169 • India - Madras
MOHAN
Tamil Nadu Shops and Establishments Act, 1947-Section 4 .(1) (c) and 41-Applicability of the provisions of Act to Nationalised Banks ... The Appellate Authority a full Bench of the Kerala High Court considered the question whether the Canara Bank of India and Bank of India, two nationalised banks, were establishments under the Central Government and as such would be exempt form the provisions of Kerala Shops and Establishm....
2013 0 Supreme(Guj) 497 • India - Gujarat
BHASKAR BHATTACHARYA, J.B.PARDIWALA
Head Note : ... Factories Act, 1948 — Section 66(1)(b) and Proviso — ... Court held that provisions contained in Section 66(1)(b) of the Act is ultra vires Articles 14, 15, 16 and 19(1)(g) of the Constitution ... 66(1) (b) of the Act is ultra vires the Constitution of India. ... The Kerala High Court in the case of Leela vs. State of Kerala [supra] has upheld the validity of Section 66#H....
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