PUBLIC PROSECUTOR Vs. SHANMUGHAM PILLAI

JUDGEMENT

(1.) THESE are appeals preferred by the learned Public Prosecutor against the acquittals arising from C. C. Nos. 2390 to 2393 of 1957, on the file of the Sub-Magistrate, Tanjore.

(2.) THE established facts are: The accused Shanmugham Pillai owns two premises bearing door Nos. 2308 and 2310 in Gandhiji Road, Karunthattankudi, Tanjore town. In door No. 2308 he has his shop where the accused sells cigars. Door No. 2310 is the workplace where cigars are rolled. The Assistant Inspector of Labour, First Circle, Tanjore, has chargesheeted this accused under the Madras Shops and Establishments Act XXXVI of 1947, in that with respect to the employees working in the workplace, premises No. 2310, the accused did not observe certain requirements of the aforesaid Act. The learned sub-magistrate upheld the contention of the accused that premises No. 2310 is not a shop and that therefore the prosecution under the Act is Incompetent. Hence these appeals.

(3.) THE terms "shop," "factory," "workplace," "workshop," and "industrial establishment" have how to be analysed.