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TMI Blog1987 (2) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the Em- ployees' State Insurance Court, Jaipur principally on two grounds (i) that the place where it was carrying on business was not a shop and (ii) that its business being one of intermittent or seasonal character the Act could not be extended to its business. The Employees' State Insurance Court rejected the petition filed by the petitioner and directed it to pay the amount which had been computed as the arrears by the Regional Director of the Employees' State Insurance Corporation, Jaipur. An appeal filed against the decision of the Employees' State Insurance Court, Jaipur by the petitioner was dismissed by the High Court of Rajasthan. This petition under Article 136 of the Constitution is filed against the judgmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first contention urged in support of the petition is that since the petitioner was not selling any goods in the place of its business but was only engaged in arranging for musical performances on occasions such as marriages etc. its business premises cannot be called a 'shop'. We do not agree with the narrow construction placed by the petitioner on the expression 'shop' which appears in the notification issued under section 1(5) of the Act which is a beneficient legis- lation. The word 'shop' has not been defined in the Act. A shop is no doubt an establishment (other than a factory) to which the Act can be extended under section 1(5) of the Act provided other requirements are satisfied. In Collins Eng- lish Dictionar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l functions also which may take place 'during all seasons. The definition of an 'employee' under the Act has a wider mean- ing. The employees who worked outside the business premises but those whose duties are connected with the business are also 'employees' within the meaning of section 2(9)(i) of the Act. (see Nagpur Electric Light Power Co. Ltd. v. Regional Director Employees State Insurance Corporation Etc.), [1967] 3 S.C.R. 92. Even those employees who are paid daily wages or those who are part-time employees are employ- ees for purposes of the Act. Hence we do not find any merit in this special Leave Petition. The petition, therefore, fails and it is dismissed. Along with the Special Leave Petition the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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