JETHALAL TRIBHOVANDAS VALAND Vs. VIPINCHANDRA RAMANLAL GANDHI

JUDGEMENT

(1.) This revision application raises a question of interpretation of sec. 2(3) and sec. 2(4) as well as sec. 18(1) of the Bombay Shops and Establishments Act 1948 hereafter referred to as the Act. For this limited purpose facts may be stated briefly.

(2.) The petitioner is the partner of a hair cutting saloon and as such owner of that shop which was registered under the Act as an establishment. Its weekly holiday was notified as Tuesday. On 1-8-1967 which was Tuesday Inspector under the Act visited the shop at about 8-30 a.m. and found that the shop was open and the petitioner and his brother who was also a partner in the same shop were shaving beards of two customers. Therefore a complaint was filed against the petitioner and his brother for an offence punishable under sec. 52(b) as a result of contravention of the provisions of sec. 18 of the Act. After the complaint was filed the same was withdrawn against the brother of the petitioner and the case proceeded against the petitioner only.

(3.) The learned Magistrate held the prosecution case established and sentenced the petitioner to fine of Rs. 100.00. An appeal against this conviction and sentence was taken to the Sessions Court at Broach and the learned Sessions Judge maintained the conviction under sec. 18(1) read with sec. 52(b) of the Act but reduced the sentence of fine to Rs. 50/-. Against this order the petitioner has come in revision.