- (1.) Leave in terms of prayer (a) is granted. The question which arises for consideration in this appeal is as to whether the Payment of Gratuity Act, 1972 is applicable in relation to Bar Library Club. The Payment of Gratuity Act, 1972 applies to (a) every factory, mine, oilfield, plantation, port and railway company (b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months and (c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf. Clauses (a) and (d) of the said provisions admittedly can have no application in the instant case.
(2.) The question raised herein is whether the respondent is a 'shop1 or an 'establishment' within the meaning of the provisions of West Bengal Shops & Establishments Act, 1963. The word 'shop' has been defined in Section 2 Sub-section (13) of the said Act which reads thus- '13. "Shop" The basic ingredients of a Shop under the Act are: (1) Must have a premises: (a) offices, store-rooms, godowns etc. whether on the same premises or not but if used in connection with sale or storage for sale; (2) Sale of services or commodities or articles to Customers or if trade and business carried on; (3) The State Government, may, by notification declare any premises as "Shop" under the Act.'
(3.) The word "Establishment" has been defined in Section 2 Sub- section (5) of the West Bengal Shops & Establishments Act, 1963 which reads thus- '(5) "Establishment" means a commercial establishment or an establishment for public entertainment or amusement;';