The establishment is understood to be an organized body of men or the institution not necessarily confined to a premises or place and has therefore, a wider meaning. In case the establishment employs the minimum prescribed number of 20 persons for wages, it will stand covered under the Act, whether these persons are employed in one place or at a number of places, so long as they are engaged in the organized activity of the same establishment.
The Hotel and Restaurants that are not covered under Section 2(12)(a) or (b) may be covered under Section 1(5) as an establishment provided they are employing 20 persons for wages.
CINEMA INCLUDING PRE-VIEW THEATRES:
In case of Cinema theatres, not only the persons employed in Cinema Theatre, but those employed in the Canteen/Restaurant within the premises, and the persons employed in Cycle/Scooter stand, Pan-shop, Bookstall etc. within the premises, are taken into consideration for counting 20 employees for the coverage of the theatre and also for coverage of those employees, even though the subsidiary units are run by independent contractors/licensees.
ROAD MOTOR TRANSPORT
In case of a Road Motor Transport Establishment, the office may have only a minimum staff of clerks, manager, accountant etc, but most of the employees would normally be working outside the premises, such as drivers, conductors, cleaners, mechanics, booking clerks, traffic inspector etc., and loading and unloading
Hamelies. For coverage of the establishment and 'employee', all such persons are taken into account irrespective of the fact whether they are working in the premises where the main business of the motor transport is located or otherwise. If the Road Motor Transport Establishment is having a workshop or service station run with the aid of power, its coverage can also be examined under Section 2(12)(a) in which case employment of 10 persons for wages is sufficient.
In case of a Newspaper Establishment, if their printing press is covered as factory, under Section 2(12)(a) of the Act, various offices of these factories connected with the purchase, sale or distribution whether located in same station or else where are covered including its branch offices, under the amended provisions of the term 'Employee' with effect from 28.1.68.
However, newspaper establishments dealing only in sale or distribution can be covered as an 'Establishment' under Section 1(5) if it is employing 20 or more persons for wages including the strength of its branches, if any.