SURAJMAL KASHIPRASAD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a revision petition against the appellate judgment of the Assistant Sessions Judge of Cuttack maintaining the conviction of the petitioner under Section 35 (1) of the Orissa Shops and Commercial Establishments Act, 1956 (Orissa Act 30 of 1956--hereinafter referred to as the Act), and the sentence of fine passed on him by a second-class magistrate of Cuttaok.

(2.) THE petitioner is the employer of a firm known as Surajmal Kashiprasad of Buxibazaar, Cuttack. On 31 October 1959 the assistant labour officer and inspector of shops and commercial establishments, Guttaok, filed a complaint against the petitioner for his prosecution under Section 35 (1) of the Act for contravention of Section 4 (1) of the Act and Rule 4 of the Orissa Shops and Commercial Establishments Rules, 1958, thereinafter referred to as the rules.

(3.) THE petition of complaint may be quoted In full: Petition of Complaint. In the Court of the Subdivisions Magistrate, Sadar, Cuttack State (on the complaint of the Assistant Labour Officer and inspector of Shops and Commercial Establishments, Cuttaok City) v. Sri Kashiprasad, employer of Surajmal Kashiprasad, Buxibazaar, Cuttaok. I complain that Sri Kashiprasad, employer of Surajmal Kasbiprasad, Buxibazaar. Cuttack-1, has contravened the provisions made under Section 4 (1) of the Orissa Shops and Commercial Establishments Act, 1956 (Orissa Act 30 of 1966), and Rule 4 of the Orissa Shops and Commercial Establishments Bales, 1958. On the enforcement of the provisions made under the said Act in the municipal area of Cuttaok City with effect from 15 August 1958, the employer Kashiprasad was due to apply for registration in the prescribed manner within thirty days from the said date, or within thirty days of the opening of his establishment. The employer of the establishment was requested in my letter No. 376 L. O. dated 21 January 1959, letter No. 945 L. O. dated 25 July 1959, and letter No. 1271 L. O. dated 11 September 1959, to apply for registration of his establishment within five days from the receipt of this letter. But the said employer has failed to comply with the legal provisions of the Orissa Shops and Commercial Establishments Act, and the establishment is not yet registered. Copies of my letter No. 376 dated 21 July 1959, No. 945 L. O. dated 25 July 1959 and No. 1271 L. O. dated 11 September 1959, are enclosed herewith for reference. I therefore request that Sri Kashiprasad, employer of Surajmall Kashiprasad, maybe punished under Section 35 (1) of the Orissa Shops and Commercial Establishments Act for violating of Section 4 (1) of the said Act and Rule 4 made thereunder. (Sd.) [illegible], 31 January 1960, Assistant Labour Officer and Inspector of Shops and Commercial Establishments, Cuttack.