RASHEED A MASKATI Vs. ABBAS ALI HUSSAINI M

JUDGEMENT

(1.) THIS Appeal has been filed by the Petitioners who seek to challenge the judgment of the learned Single Judge dated January 18/19, 1990, in the above Writ Petition No. 3180 of 1986.

(2.) THE facts giving rise to this Appeal, briefly are as follows :

(3.) ON behalf of the appellant, Mr. Dalai, the learned counsel submitted in the instant case the appellant-trust would not be covered by the definition of the word 'commercial establishment' as defined under Section 2 (4) of the Bombay Shops and Establishments Act, 1948, for the reason that it did not carry out any systematic activity which was organised with the co-operation between the employer and employee and nor was such an activity rendered for the purposes of any profession, trade or business or distribution of goods and services. Mr. Dalai further submitted that in the present case the trust, which was a charitable trust, did not carry on any commercial activity or a systematic activity inasmuch as there was no gain or profit involved and secondly, no other workman was employed by the trust to carry on the activity which would bring it within the definition of the word 'commercial establishment' as defined under Section 2 (4) of the Bombay Shops and Establishments Act, 1948. Mr. Dalai further submitted that in view of the provisions of the Bombay Shops and Establishments Act, no service would be said to have been rendered as the trust was not in a position to let out the premises time and again and in the circumstances, the activity of the trust cannot be called as an organised or systematic activity so as to attract provisions of the Bombay Shops and Establishments Act read with the provisions of minimum Wages Act.