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Supreme Court of India 2021-10-26 dismissed

P.B. Nayak & Ors vs Managing Director, Bhilai Steel Plant & Ors

Bench: 2 — K.M. Joseph

In Brief

The Supreme Court dismissed an appeal by workers employed at a club's catering facility. The workers claimed protection under the Madhya Pradesh Shops & Establishments Act, 1958, following their dismissal. The court held that a non-residential club is exempt from the Act under Section 3(j). Critically, the court distinguished between residential clubs (which receive no exemption) and non-residential clubs (which are exempt) based on whether lodging is provided. The Steel Club was found to be a genuine club with restricted membership and multiple recreational facilities, where catering merely served members incidentally. Therefore, it was exempt from the Act, and the dismissal fell outside the Act's protective scope.

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Labour Law Statutory Interpretation Employment Club Exemption Shops and Establishments Act

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