( 1 ) THIS is a petition under Article 228 of the Constitution praying for transfer of a pending criminal case against the petitioner from the Court of the City Magistrate to this Court.

( 2 ) THE first petitioner, Matrumal Sharma is the proprietor of Sharma Restaurant in Aminabad, luckhow. Niranjan Lal Sharma, the second petitioner is its manager. Both of them are being criminally prosecuted under Section 27, U. P. Shops and Commercial Establishments Act, for failure to maintain a register of attendance of employees as required by Rule 13 framed under section 31 of the Act.

( 3 ) SECTION 26 provides:

"subject to any general or special order of the State Government, an employer shall maintain such registers and records and display such notices as may be prescribed. "

( 4 ) UNDER Section 31, the State Government is empowered to make rules to carry out the purposes of the Act. It expressly confers rule-making powers with, respect to the maintenance by the employer of registers and records and to regulate "matters which are to be or may be prescribed. "

( 5 ) RULE 13 enjoins that every employer must maintain a register of attendance and wages in form e and another register of holidays in

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