TRINCAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal and the connected cross -objection have arisen out of a proceeding that commenced in this Court by a Rule that was issued in this Court upon an application made by the Appellant under Article 226 of the Constitution praying for a writ of the nature of mandamus declaring the provisions of Ss. 6 and 7 of the West Bengal Shops and Establishments Act, 1963, to be ultra vires the Constitution and also for an order restraining the Respondent from giving effect to the said Act against the restaurant cum bar of the Appellant.

(2.) The material facts are that the Appellants are a registered partnership firm carrying on business in restaurant which business has a bar attached to it. For running that business they have been granted licence under the Police Act. The West Bengal Legislature has passed the West Bengal Shops and Establishments Act, 1963, to regulate holidays, hours of work, payment of wages and leave of persons employed in shops and establishments. In Sec. 2 words used in that Act have been defined and in the material portion Sub -section (1) defines the word 'closed' thus:

(3.) The Petitioner in the application under Article 226 of the Constitution challenged the validity of Sub -section (1) of Sec. 7 of the Act in so far it authorises the authorities under the West Bengal Shops and Establishments Act to require the hotel, restaurant and eating house to close at 11 o'clock at night. They also challenged the validity of the provisions of Sub -section (2) and Sub -section (4) of Sec. 6 whereby limitations have been put on the hours of work during which a worker is permitted to work. The main ground for such challenge was that those provisions interfere unreasonably with their right to carry on trade and business and they further contended that those also amount to interference with the Police Act whereunder the Petitioner have the licence to keep the bar open upto 1 p.m. in the night. Those provisions and also other provisions of the Act were said to be violative of Article 14 of the Constitution inasmuch as, it was contended, in respect of other shops and establishments no such restrictions have been imposed and that in other big cities like Bombay and other places there was no such compulsion of closing shops and restaurants at 11 o'clock at night.