Judgment

AYYANGAR, J. : This appeal on a certificate under Arts. 132 and 134(1) of the Constitution granted by the High Court of Punjab raises for consideration the constitutionality of S. 7(1) of the Punjab Trade Employees Act, 1940.

2. The appellant-Manohar Lal-has a shop at Ferozepore Cantt. in which business is carried on under the name and style of Imperial Book Depot . Section 7 of the Punjab Trade Employees Act, 1940 (hereinafter called the Act), enacts :

"7. (1) Save as otherwise provided by this Act, every shop or commercial establishment shall remain closed on a close day.

(2)(i). The choice of a close day shall rest with the occupier of a shop or commercial establishment and shall be intimated to the prescribed authority within two months of the date on which this Act comes into force."

to extract the provision relevant to this appeal. The appellant had chosen Friday as "the close day", i. e., the day of the week on which his shop would remain closed. The Inspector of Shops and Commercial Establishments, Ferozepore Circle, visited the appellant s shop of Friday, the 29th of January, 1954, and found the shop open and the appellant s son selling articles. Obviously, if S. 7(1)