Judgment

B. K. MUKHERJEA, J. - This appeal is directed against a judgment of a Division Bench of the Madras High Court dated 1st April, 1949, passed in a certiorari proceeding, by which the learned Judges directed the issue of a writ of certiorari for quashing a portion of an order made by the Labour Commissioner, Madras, in any enquiry under Section 51 of the Madras Shops and Establishments Act.

2. The facts material for our present purpose lie within a narrow compass and to appreciate the point that requires consideration in this appeal it will be convenient first of all to advert to a few relevant provisions of the Madras Act referred to above. The Act was passed in 1947 and its object, as stated in the preamble, is to provide for the regulation of conditions of work in shops and other establishments. Section 14 (1) of the Act sets a statutory limitation upon the working hours and lays down:

"Subject to the other provisions of the Act, no person employed in any establishment shall be required or allowed to work for more than 8 hours in any day and 48 hours in any week."

A proviso attached to the sub-section which, by way of exception to the rule enunciated therein, allows employ