RADHA KANT SINGH ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has been convicted under Section 34 of the Bihar Shops and Establishment Act, 1953 (hereinafter to be called "the Act") and sentenced to pay a fine of Rs. 25.00, in default to undergo rigorous imprisonment for one week.

(2.) Admittedly the petitioner gets deliveries of newspapers as an agent from Sahibganj Railway Station and distributes them to different persons on payment. The question that arises for consideration is as to whether taking delivery of newspapers from the railway station and distributing them to different persons on payment would amount to having an 'establishment' within the meaning of the Act. Establishment has been defined under Section 2(6) of the Act, which is as follows: 'establishment' means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes- (i) administrative or clerical services appertaining to such establishment; (ii) a shop, restaurant, residential hotel, eating house, theatre or any other place of public amusement or entertainment; and (iii) such other establishment as the State Government may, by notification, declare to be an establishment to which the Act applies; but does not include a 'motor transport undertaking' as defined in Clause (g) of Section 2 of the Motor Transport Workers Act, 1961 (27 of 1961). In case it is held that the petitioner runs an 'establishment' then the application has to fail but in case it is held that taking delivery of the bundles of newspapers from the station and distributing them to different persons do not amount to having an 'establishment', the conviction and sentence have to be set aside.

(3.) Learned Counsel for the petitioner submitted that the work being carried on by the petitioner cannot be said to haying an 'establishment' inasmuch as it has not defined location. This point was also raised before the trial court but it was negatived in the following way: The shifting venue of his business cannot remove him from the definition of word establishment under Section 2(6) of the Act.