MANOHAR LAL Vs. STATE

JUDGEMENT

(1.) This petition for revision raises the question of validity of section 7(1) of the Punjab Trade Employees Act, 1940 . The facts leading to this petition are not in dispute. The petitioner Manohar Lal is the proprietor of the Imperial Book Depot, Ferozepore Cantonment. He observes Friday as his close day under the Act. He has not engaged any employee to work in this shop. His shop was, however, found open on Friday, the 29th of January, 1954 and his son was found selling certain articles to some customers. Manohar Lal was tried for contravening the provisions of section 7(1) of the Act. He admitted these facts but pleaded that section 7(1) of the Trade Employees Act contravened his fundamental rights guaranteed by the Constitution. The trial Magistrate rejected the defence and on convicting him imposed a fine of Rs. 100. He has come to this Court and has challenged the validity of this section before us.

(2.) The Punjab Trade Employees Act came into force on the 7th of June, 1940. It was considerably modified by the amending Act X of 1943. The petitioner was previously prosecuted for the same offence and in that case he challenged the validity of this provision of law on the ground that it was beyond the competence of the Punjab Legislature to enact it. Their Lordships of the Supreme Court, however, came to the conclusion that the enactment came under item 27 in List II or item 27 in List III in the Government of India Act, 1935 (vide Manohar Lal v. The State, 1951 AIR(SC) 315 .

(3.) In the meanwhile our Constitution came into force in 1950 and the petitioner has again challenged the validity of section 7 of the said Act but this time he had challenged it on the ground that his fundamental rights guaranteed by Articles 14 and 19 of the Constitution have been infringed. Section 7(1) of the Act reads-