JASDAN ENGG ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners are challenging in this petition the vires of sec. 1 (5) of the Bombay Shops and Establishments Act, 1948 According to them it offends Arts 245 and 19 (1) (f) of the Constitution of India. The second challenge which the petitioners have raised is to the notification issued by the State Government under sec. 1 (5) applying the provisions of the said Act to the area under Jasdan Nagar Panchayat.

(2.) So far as the constitutional challenge to sec. 1 (5) is concerned Mr. Raval who appears on behalf of the petitioners has advanced three arguments. Firstly it lays no guide-lines within which the delegate can act. Secondly it does not provide for appropriate publication of the notification for the benefit of those who are likely to be affected by it. Thirdly it does not have any provision for consultation with the members of the public.

(3.) Sec. 1 of the Act in so far as its applicability is concerned divides the local areas in three parts. Firstly there are those which are specified in Schedule I to the Act. To those local areas the Act applies proprio vigore. Secondly there are local areas having a population of 25 0 or more. In respect of such areas the State Government is under an obligation to issue a notification directing that all or any of the provisions of the Act shall apply to such local areas. In respect of local areas where the population is less than 25 0 it is left by sub-sec. (5) of sec. 1 to the State Government to apply all or any of the provisions of the Act. Sub-sec. (5) of sec. 1 reads thus: