SHIRAVANTHE ANANDA RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner in this case has been convicted for an offence punishable under S. 45 of the Mysore Shops and Establishments Act, 1948 (hereinafter referred to also as the Mysore Act), read together with S. 11(1) of the same Act and he had been sentenced to pay a fine of Rs. 5 and in default to undergo two days' simple imprisonment. He has also been convicted for an offence punishable under rule 40 read with rule 37(11) of the rules framed under the Mysore Act and he has been sentenced to pay a fine of Rs. 5 and in default to undergo two days' simple imprisonment. Sri Raghunathan has appeared for the petitioner and Sri B. S. Keshava Ayyangar, the learned High Court Government Pleader, has appeared for the State.

(2.) The learned advocate for the petitioner has urged only one contention before me. It is to the effect that the conviction under S. 45 read with S. 11(1) of the Mysore Act cannot be sustained in law. His argument is that by virtue of S. 6 of the Part B States (Laws) Act, 1951, S. 11(1) of the Mysore Act stands repealed as from the date on which the Part B States (Laws) Act came into force. The Weekly Holidays Act, 1942 (Central Act XVIII of 1942), was one of the Acts which were extended to Part B States by the Part B States (Laws) Act, 1951. The relevant portion of S. 6 of the Part B States (Laws) Act, 1951, is as follows :

(3.) The contention of the learned advocate for the petitioner is that S. 11(1) of the Act corresponds in every particular to S. 3(1) of the Holidays Act and that therefore the said S. 11(1) stands repealed by virtue of S. 6 of the Part B States (Laws) Act.