SUNDARAM FINANCE LTD Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE question that arises for consideration in this writ petition is whether the, petitioner, M/s. Sundaram Finance Limited, Madras, is a "shop" within the meaning of the Notification No. 1088, Labour and Employment dated 26th December, 1976 (hereinafter referred to as the Notification). Mr. Devanathan strenuously contended that the word "shop" would not take in establishments like M/s. Sundaram Finance Limited which are purely commercial establishments. THE learned counsel drew my attention to the definition of the word "shop" in the Tamil Nadu Shops and Establishments Act, 1947 which definition excludes commercial establishment from its ambit. He also referred to certain dictionaries as regards the meaning of the word "shop".

(2.) IN New INdia Maritime Agencies Private Limited, Madras v. The Government of Tamil Nadu and another1 I have had occasion to consider the scope and width of the expression "shop" as used in the Notification. IN that case, the question arose whether the office of certain steamship agents who acted as shipping agents for booking cargo on behalf of foreign steamship companies, would fall within the meaning of "shop" as found in the Notification. It was contended before me that the word "shop" should be understood as a place where goods are normally bought and sold. After referring to the various decisions on the interpretation of welfare legislation it is observed as follows: "The following principles emerge from the above decisions. (1) IN the construction of a social legislation the Courts ought to give the words or a section in the statute a liberal interpretation in order to see that the relief contemplated by the statute shall not be denied to the class intended to be relieved.

(3.) IN Random House Dictionary of the English Language, College Edition, page 1216, the meaning of the word "shop" is given as follows: 'shop (1) a retail store, espa. small one, (2) a small store or department in a large store selling a specific or select type of goods, (3) the workshop of a craftsman or artisan. (4) any factory, office or business, (5) one's trade, profession or business as a subject of conversation or preoccupation".