SHUSHIL KUMAR AND OTHERS Vs. STATE

JUDGEMENT

(1.) The reference made by the Sessions Judge, Saharanpur relates to a case Under Section 35 of the Uttar Pradesh Dookan Aur Vanijya Adhishthan Adhiniyam, 20 of 1962 (to be referred to hereafter as the 'Act'). The Applicants in the case are Sushil Kumar, the Managing Director, Section Mahender Singh, Manager and Dayal Das Kalra, the Gane Manager of the Lord Krishan Sugar Mills at Saharanpur. The sugar mill has a purchasing centre Pipli in village Tidauli. The purchasing centre was inspected by an Inspector Sri M.B. Saxena on 21-12-1964 and (he) found that a notice regarding the rest day of the workers in form 'C' and an abstract of the Act in respect of the same was not displayed and that an inspection book and registers relating to attendance-cum-wages, leaye, fines and deductions were also not being maintained. Sri M.B. Saxena, therefore, lodged a complaint against the three Applicants Under Section 32 of the Act and Rules 18 and 20 of the rules framed thereunder. The Magistrate convicted them for breach of the aforesaid provisions Under Section 35 of the Act and sentenced them to a fine of Rs. 50/- each. The Sessions Judge who heard the revision is of the opinion that the provisions of the Act do not apply to the purchasing centre aforesaid and he has, therefore, recommended that the order convicting the Applicants Under Section 35 of the Act and imposing (a fine) of Rs. 50/- upon each one of them may be set aside.

(2.) The view taken by the Sessions Judge appears to be correct. The Magistrate has lost sight of Sub-section (3) of Section 1 of the Act according to which, the provisions of the Act apply to various commercial establishments only to the extent provided in Schedule I. This Schedule consists of four parts--parts A to D. Under Part 'A', all the provisions of the Act apply to shops and commercial establishments in the areas mentioned under Serial Nos. 1 to 64 thereunder. Saharanpur finds a place at serial No. 24 and the territorial extent for the application of the Act in Saharanpur is mentioned as the Municipal area. Lord Krishan Sugar Mills is mentioned as being situated at Saharanpur and it may be assumed that it is within the Municipal area at Saharanpur. But the transaction is not in respect of the commercial establishments in the sugar mills at Saharanpur but at the purchasing centre which is in village Tidauli in Tahsil Nakur and it is obvious that it must be outside the Municipality of Saharanpur.

(3.) Part 'B' applies only some of the provisions of the Act to the areas specified in that part. The areas specified in Part 'B' are also Municipal areas or Town or Notified areas and there is nothing to indicate that Tidauli is one of these Municipal, Town or Notified areas.