Obviously, if s. 7 1 were valid, the appellant was guilty of a companytravention of its terms and he was accordingly prosecuted in the Court of the Additional District Magistrate, Ferozepore, for an offence under s. 16 of the Act which ran Subject to the other provisions of this Act, whoever companytravenes any of the provisions of this Act shall be liable on companyviction to a fine number exceeding twenty five rupees for the first offence and one hundred rupees for every subsequent offence .
to extract the provision relevant to this appeal.
The appellant admitted the facts but he pleaded that the Act would number apply to his shop or establishment for the reason that he had engaged numberstrangers as employees but that the entire work in the shop was being done by himself and by the members of his family, and that to hold that s. 7 1 of the Act would apply to his shop would be unconstitutional as violative of the fundamental rights guaranteed by Arts.
The choice of a close day shall rest with the occupier of a shop or companymercial establishment and shall be intimated to the prescribed authority within two months of the date on which this Act companyes into force.
Appeal from the judgment and order dated May 23, 1956, of the Punjab High Court in Criminal Revision No.
Section 7 of the Punjab Trade Employees Act, 1940 hereinafter called the Act , enacts 7.
The appellant had chosen Friday as the close day , i.e., the day of the week on which his shop would remain closed.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
1 Save as otherwise provided by this Act, every shop or companymercial establishment shall remain closed on a close day.
14, 19 1 f and g of the Constitution.
November 11.
in which business is carried on under the name and style of I Imperial Book Depot.
The Judgment of the Court was delivered by AYYANGAR J. This appeal on a certificate under Arts.
S. Bindra and R. H. Dhebar, for the respondent.
173/1956.
1058/1954.
The Inspector of Shops and Commercial Establishments, Ferozepore Circle, visited the appellants shop on Friday, the 29th of January, 1954, and found the shop open and the appellants son selling articles.
L. Arora, for the appellant.
The appellant Manohar Lal has a shop at Ferozepore Cantt.
132 and 134 1 of the Constitution granted by the High Court of Punjab raises for companysideration the companystitutionality of s. 7 1 of the Punjab Trade Employees Act, 1940.
