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.

JUDGMENT

1. - Heard learned Public prosecutor for the state and perused the impugned order.

2. The learned Magistrate was justified in upholding the preliminary objection raised by the accused persons.The preliminary objection was to be effected that such commercial establishments and shops are excluded from the operation of Rajasthan Shops & Commercial establishment Act, 1950 which are atteched to the factory.The case of the accused persons was that their establishment is a factory and is governed by the factory Act, 1948 and the employees derive benefit under that Act, withdrawal of notice issued under section 206 Cr.PC would mean that the accused persons are discharged as no offence arises against them under the said 1958, Act.

3. In my opinion this appeal has no force so it is hereby dismissed.Appeal dismissed.

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1983 Supreme(Raj) 291

RAJASTHAN HIGH COURTM.C.Jain, J.State of Rajasthan - AppellantVersusLaxmi Niwas - RespondentS.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.

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