1983 Supreme(Raj) 291

RAJASTHAN HIGH COURT
M.C.Jain, J.
State of Rajasthan - Appellant
Versus
Laxmi Niwas - Respondent
S.B. Cr. Appeal No. 86 of 1977.
Decided On : 07-03-1983

Interpretation of the applicability of the Rajasthan Shops & Commercial establishment Act, 1950 to commercial establishments attached to factories.

Headnote:

Rajasthan Shops & Commercial establishment Act, 1950 - Factory Act, 1948 - Interpretation of applicability to commercial establishments attached to factories

Fact of the Case:

The accused persons argued that their establishment is a factory governed by the Factory Act, 1948, and not covered under the Rajasthan Shops & Commercial establishment Act, 1950.

Finding of the Court:

The court upheld the preliminary objection raised by the accused persons, stating that commercial establishments and shops attached to factories are excluded from the operation of the Rajasthan Shops & Commercial establishment Act, 1950.

Issues: Interpretation of the applicability of the Rajasthan Shops & Commercial establishment Act, 1950 to establishments attached to factories.

Ratio Decidendi: The court found that the establishment in question was governed by the Factory Act, 1948, and the employees derived benefits under that Act, leading to the dismissal of the appeal.

Final Decision: The appeal was dismissed, and the accused persons were discharged as no offence arose against them under the Rajasthan Shops & Commercial establishment Act, 1950.