Maharashtra Shops & Establishment Act, 1948 - Cases

Both the Employer & Employee are prohibited against service to customer or for doing any business of the establishment on a closed day & therefore owner of Establishment giving service to his customer on weekly holiday is guilty of contravention of Section 18(1) of Maharashtra Shops & Establishment Act, 1948 Even though there were no employees.

Jethlal Valand V. Vipinchandra Gandhi 1971

Under Section 18(3) an Employee is entitled to wages for the day for which the establishment remains closed in any week under section 18(1) of the Act, provided he has been employed for six continuously in that week.

Under Section 18(3) of the Act the only condition to be satisfied about the period of employment & not about having worked a particular number of hours in week or on each of the six days other then the closed days.

Sitaldas v. Kalekar 68 Bom. LR. 10

The piece-rated employee in the power-loom industry is not entitled to be paid for weekly holidays.

Buchayya Chandraya v. G.S. Chindhade 1976, LIC 1072