KALIDAS DHANJIBHAI Vs. STATE OF BOMBAY

JUDGEMENT

(1.) This case is unimportant in itself, for a small fine of Rs. 50/- (Rs. 25 on each of two counts) has been imposed for couple of breaches under section 52 (f) of the Bombay Shops and Establishments Act, 1948, read with Rule 18 (5) and (6) of the Rules framed under the Act. But the question involved is of general importance in the State of Bombay and affects a large number of similar establishments, so in order to obtain a clarification of the law, this has been selected as a test case.

(2.) The appellant is the owner of a small establishment called the Honesty Engineering Works situate in Ahmedabad in the State of Bombay. He employs three workers. He does business in a very small way by going to certain local mills, collecting orders from them for spare parts, manufacturing the parts so ordered in his workshop, delivering them to the mills when ready and collecting the money therefor. No buying or selling is done on the premises. The question is whether a concern of this nature is a "shop" within the meaning of section 2(27) of the Act. The learned trying Magsitrate held that it was not and so acquitted. The High Court, on an appeal against the acquittal, held it was and convicted.

(3.) It is admitted that the appellant maintains no "leave registers" and gives his workers no "leave books" and it is admitted that the Government Inspector of Establishments discovered this on 12-1-1951 when he inspected the appellant's works. If his establishment is a "shop" within the meaning of section 2(27) he is guilty under the Act; if it is not, he is not guilty.