Nothing in this Act shall affect any right or privilege to which an employee in any establishment is entitled, at the date on which this Act applies to such establishment, under any other law for the time being in force, or under award, agreement contract, custom or usage applicable to such establishment, if such right or privilege is more favourable to him than any right or privilege conferred upon him by this Act.
Comments & Case-law [The onus of proving lies on the employee where he claims to be entitled to better benefits than those given in this Act and where he succeeds in proving it, the determination of benefits will not be done in accordance with the provisions of the Act but in accordance with such contract, custom or usage as may be proved by the employee. Ram Narayan Mishra v. D. Das & Bros., 1980 Lab. IC 75.
The power to suspend an employee is not an implied term in an ordinary contract of employment between the “master and servant”. Such a power can only be the creature of a statute governing the contract or of an express term in the contract of employment itself.
No implied term can be inferred authorising the employer to suspend the workman who is governed by the provisions of the Act during the pendency of a criminal case against him.
Inter-State Transport Agency v. Frabhat Kumar Sinha, AIR 1966 Pat. 230.]
CHAPTER II Establishments 1[6. Registration of establishments and renewal thereof.—The State Government may make rules requiring the registration of establishment or any class of establishments or renewal thereof and prescribing manner and the fees payable for such registration or renewal.]
Comments & Case-law [In view of the fact that workers of the cigarette factory engaged in its Printing Press are not shown to be “employees” within the meaning of section 2 (4) and 6 of the Bihar Shops and Establishments Act, it has to be held that the Firm is not required to be registered under the provisions of Rule 3 of Bihar Shops and Establishments Rules, 1955. M/s. I.T.C.
Ltd. v. State of Bihar, 1996 (1) PLJR 297.]