The o/o CA is not Shop or commercial establishment.
SE Act Bombay
2.Definitions.
(27)
"Shop" means
NOTES'
The Office of Chartered Accountant with article clerks and one salaries ordinary
clerk is not a commercial establishment so as to attract the provisions of the Act.
N.E. Merchant v. State 1968 LIC 1034 AIR Born.282 1968 Cri.LJ1041.
And
HC Karnataka decision in case of :
Phillipos_&_Company_And_Others_vs_The_State_on_11_September,_1989
This implies appointment letter/notice period etc as in SE Act may not apply.
Even though user of premises is under the local municipal laws and such laws are different in different States, the above stated analogy of the court decisions would apply with equal force.
You may check the status as in your location/state.
The Articled Clerk is a trainee attached to a practicing Chartered Accountant.
Another important change brought by the ICAI is that the full-time salaried employees in CA firms can also train articled clerks.
You may go thru:
Code of Conduct For Chartered
Accountancy Students
12.1
Articled trainee cannot terminate his articles at will nor can he claim it as a matter of right. The articles can be terminated only by mutual agreement with the Employer in accordance with Regulation 56
12.2 In case of termination by mutual agreement, the articled trainee may enter into fresh articles for the reminder term of his service in accordance with Regulation 57.
{ Transfer/Termination of Articleship [Regulation 56(1)] }
The guidelines are issued by ICAI, so it shall be appropriate to check with it and a competent and experienced labor law consultant/service lawyer.
