ARJUNA REDDIAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision arises from the conviction entered on the petitioners by the District Magistrate, Alleppey in C. C. 419/70 which was a prosecution under the Kerala Shops and Commercial Establishments Act, 1960 (shortly stated the Act) for violating the provisions of S.11 sub-s. (1) and (2). S.11(1) & (2) reads:

(2.) In this particular shop all Sundays were declared holidays by the shop-keeper. But on 15-6-69, which was a Sunday, the shop was found open at about 11-50 a.m., when the Asst. Labour Officer visited the shop. The manager of the shop was seen checking some accounts and some workers were seen sorting the bales of piece-goods and cleaning the shop. The accused who are the partners of the shop were hence prosecuted for contravention of the above provisions of the Act. The charge was denied by the accused. It has come in the evidence that the shop was opened not for rendering service to any customers or for transacting any business connected with the shop and in that view the penal provisions of the section are not attracted. I think the contention has to be accepted. S.2(11) of the Act defines "opened". It means, "opened for the service of any customers or to any business connected with the establishment". From the evidence of the Labour Officer himself, it appears, that the shop was opened not for the service of any customer or for any business connected with the establishment. The learned Magistrate himself has summarised the statement of the complainant in these terms:

(3.) This certainly is not prohibited by the Act. What is prohibited is transaction of business on days which are declared holidays for the shop. The learned Magistrate seems to have lost sight of this vital point. I think on the above facts it has to be held that no offence has been committed by the accused.