Employees' State Insurance coverage turns on ordinary meaning of "shop"; a turf club is prima facie outside the notification.

Coverage under the Employees' State Insurance Act depends on a notification issued under Section 1(5), not on automatic inclusion of all establishments. The term "shop" is undefined in the Act and notification, so it must be read in its ordinary commercial sense; on that approach, a club is not ordinarily treated as a shop. The broader meaning of "industry" used in another statute cannot be imported, because statutory definitions are context-specific and transferable only where enactments are in pari materia. On that basis, a turf club is prima facie not a shop within the Act or the notification, and the earlier contrary view required reconsideration by a larger Bench.

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Issues: Whether a turf club is a "shop" within the meaning of Section 1(5) of the Employees' State Insurance Act, 1948 so as to be covered by the notification issued under that provision.

Analysis: Coverage under the Employees' State Insurance Act depends on notification under Section 1(5), and not on automatic inclusion of all establishments. The expression "shop" is not defined in the Act or in the notification, so it must be understood in its common parlance sense. In ordinary usage, a club is not regarded as a shop. The wider definition of "industry" under a different statute cannot be imported into the Employees' State Insurance Act, because statutory definitions are context-specific and can be applied across enactments only where the language is in pari materia.

Conclusion: A turf club is prima facie not a shop within the meaning of the Act or the notification, and the contrary view in the earlier decision required reconsideration by a larger Bench.

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