The three respondents are respectively the General Manager, Assistant Manager and Secretary of the companypany.
The Deputy Chief inspector of Shops and Commercial Establishment, Uttar Pradesh, filed three companyplaints against the respondents in the companyrt of the Judicial Magistrate, Deoria, charging them with companytravention of the provisions of ss.
30 in each of the three cases.
28, 29 and 30 of 1955, arising out of the judgment and order dated December 18, 1954, of the Sessions Judge, Deoria, in Criminal Revisions Nos.
12, 13 and 26 of the Act in respect of certain field workers employed by the companypany for guiding, supervising and companytrolling the growth and supply of sugarcane.
Appeals by special leave from the judgment and order dated October 31, 1955, of the Allahabad High Court, in Criminal Reference Nos.
157 and 158 of 1957 and 5 of 1958.
C. Mathur, C. P. Lal and G. N. Dikshit, for the appellant.
S. Barlingay and A. G. Ratnaparkhi, for the respondents.
7, 8 and 9 of 1954.
The respondents companytended that the Act did number apply to those employees as they were workers within the meaning of the Factories Act and accordingly exempt from the operation of the Act.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
Section 13 provides for granting, ordinary, casual and sickness leave.
The United Provinces Shop and Commercial Establishment Act, 1947 was enacted to regulate the hours of employment and certain other companyditions of employment in shops and companymercial establishments.
136 of the Constitution.
The Judgment of the Court was delivered by SHAH J. The question which falls to be determined in this group of appeals is whether field workers, i.e., Supervisors and Kamdars employed by a sugar factory to guide, supervise and companytrol the growth and supply of sugarcane for use in the, sugar factory are employees of a Commercial Establishment with in the meaning of the United Provinces Shop and Commercial Establishment Act, XXII of 1947 herein after referred to as the Act .
Section 26 requires the employer to maintain such registers and records and to display such numberices as may be prescribed and s. 27 penalises companytraventions of the Act and the rules made thereunder.
December 15.
The High Court at Allahabad took a companytrary view, and the State of Uttar Pradesh has appealed to this companyrt against the order of the High Court with special leave under Art.
By s. 12 of the Act, provision is made for giving to the employees a weekly holiday besides holidays which may be granted under s. 11.
The Magistrate who tried the respondents for offences under s. 27 of the Act held that the field workers were employees of a Commercial Establishment.
The Lakshmi Devi Sugar Mills Ltd. hereinafter referred to as the companypany owns a factory at Chhitauni for manufacturing sugar.
Against the orders of companyviction and sentence, the respondents preferred revision applications to the Court of Session at Deoria.
The companypany employs certain classes of field workers to guide, supervise and companytrol the growth and supply of sugarcane for use in the Factory.
