STATE Vs. NANAK CHAND

JUDGEMENT

(1.) THIS order will dispose of six criminal appeals (Nos. 848, 849, 850, 852 and 854 of 1966) which involve a common question of law for decision. The respondents in all these cases are running shops or commercial establishments in Ambala Cantonment. They were prosecuted under Section 26 read with Section 9 of the Punjab Shops and Commercial Establishments Act 15 of 1958 (hereinafter called the Act) for keeping their establishments open beyond the hours prescribed by the Punjab Government (Labour Department) notification No. 2435-Lab-I-61/11527, dated 25th April, 1961. This notification was issued under the third proviso to Section 9 of the Act, which, as amended by Punjab Act 25 of 1958 read as follows on that day: 9. Opening and closing hours.--No establishment shall, save as otherwise provided by this Act, open earlier than ten o'clock in the morning or close later than eight o'clock in the evening; Provided that any customer who was in the establishment before the closing hour may be served during the period of fifteen minutes Immediately following such hour; Provided further that the State Government may, by order and for reasons to be recorded in writing, allow an establishment attached to a factory to open at eight O'clock in the morning and close at six O'clock in the evening; Provided further that the State Government may, by notification in the official Gazette, fix such other opening and closing hours in respect of any establishment or class of establishments, for such period and on such conditions, as may be specified, in such notification.

(2.) AS a result of further amendment of the Act by Punjab Shops and Commercial Establishments Act 1 of 1964 in place of this section the following section bearing the same number was substituted: 9. Opening and closing hours.--Government shall by notification fix the opening and closing hours of all classes of establishment; and different opening and closing hours may be fixed for different classes of establishments and for different areas: Provided that Government may allow an establishment attached to a factory to observe such opening and closing hours as the Government may direct.

(3.) ADMITTEDLY no notification under this new section applicable to the respondents' shops or establishments situate in Ambala Cantonment, was in existence on the day the respondents were prosecuted as none had been issued after the Act was amended in the year 1964. The prosecution rested its case on the notification dated 25th April, 1961, to which reference has been made earlier. It provides that: All shops and commercial establishments in the State of Punjab except those for which separate timings had been fixed shall not open earlier than 9 O'clock in the morning and close later than 7. 45 O'clock in the evening.