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Office of a lawyer or of a firm of lawyers is not a ‘shop’
The expression ‘establishment’ is defined by section 2(8) mean a shop or a commercial establishment. Since by the definition contained in the first clause of Section 2(4). a commercial establishment means an establishment, a place of work cannot be regarded as a commercial establishment unless the activity is conducted in a ‘shop’ or in a commercial establishment, which is really tautological. The definition of ‘shop’ which is contained in section 2(15) shows that in order that an establishment can be regarded as a shop, it is necessary that some ‘trade’ or ‘business’ must be carried on there or some service must be rendered to ‘customers. The expression ‘shop’ also includes offices, warehouses store rooms or godowns which are used in connection with the trade or business. It does not require any strong argument to justify the conclusion that the office of a lawyer or of a firm of lawyers is not a ‘shop’ within the meaning of section 2(15). Whatever may the popular conception or misconception regarding the role of to-day’s lawyers and the alleged narrowing of the gap between a profession on one hand and a trade or business on the other, it is trite that, traditionally, lawyers do not carry on a trade or business nor do they render services to ‘customers’. The context as well the phraseology of the definition in section 2(15) is inapposite in the case of lawyer’s office or the office of a firm of lawyers. [V. Sasidharan vs Peter & Karunakar & Ors-1984 AIR 1700, 1985 SCR (1) 601]