Judgment

SHAH, J. : The question which falls to be determined in this group of appeals is whether field workers, i.e., Supervisors and Kamdars employed by a sugar factory to guide, supervise and control the growth and supply of sugarcane for use in the factory are employees of a "Commercial Establishment within the meaning of the United Provinces Shops and Commercial Establishments Act, XXII of 1947 (hereinafter referred to as the Act). The Magistrate who tried the respondents for offences under S. 27 of the Act held that the field workers were employees of a Commercial Establishment. The High Court at Allahabad took a contrary view, and the State of Uttar Pradesh has appealed to this court against the order of the High Court with special leave under Art. 136 of the Constitution.

2. The United Provinces Shops and Commercial Establishments Act, 1947 was enacted to regulate the hours of employment and certain other conditions of employment in shops and commercial establishments. Commercial Establishment is defined by S. 2 cl. (3) of the Act. By S. 12 of the Act, provision is made for giving to the employees a weekly holiday besides holidays which may be granted under S. 11. Section 13