SADASIVAM Vs. STATE OF MADRAS

JUDGEMENT

(1.) THIS is a Criminal Revision preferred against the conviction and sentence by the learned Second Presidency Magistrate, Madras, in C. C. No. 11265 of 195,5.

(2.) THE facts are The petitioner M. Sadasivam is the proprietor of a hair-dressing saloon. Under the Madras Shops and Establishments Act (hereinafter called the act) he had specified Monday as the Weekly holiday for the saloon and had exhibited a notice to that effect in the saloon. 'on 26-9-1955 which was a Monday he was found running the "saloon and serving customers with' the assistance of 12 persons. Therefore, be had been prosecuted and convicted under Section 45 (1) of the Act for contravening the provisions of Section 11 (1) of the said Act.

(3.) THE case for the revision petitioner was two-fold. First of all, that he had applied to Government that he was going to work on a shift system arid that the shop would not be: wholly closed on any day and that, he proposed to give each worker a complete holiday every week and that he should be granted exemption from the provisions of Section 11 (1) of the Act. There is no evidence that this revision petitioner has been grant-ed any such exemption. If this exemption applied for had been granted, then it would be a complete answer. But such not being the case, we have to consider the next contention raised by this revision petitioner. It is common ground that the revision petitioner gives all his workers one day's holiday in a week in conformity with the provisions of Section 11 (2) of the Act.