- (1.)THE applicant has been convicted for breaches of rule II, sub-rules (1), (2) and (3), the Central Provinces Shops and Establishments Rules, 1947, read with rule 14 thereof, which imposes a fine which may extend to Rs. 50/- for contravention of any of the provisions of rule 11. The offences alleged to have been committed under the sub-rules mentioned above by the applicant are (1) that he did not maintain a register of employees in form C appended to the rules, (2) that he did not exhibit in his establishment a notice in form D specifying the daily hours of work and intervals for rest and meals to be allowed to persons employed, and (c) that he did not exhibit in his establishment a notice in form D specifying the daily hours of work and intervals for rest and meals to be allowed to persons employed, and (c) that he did not exhibit in his establishment any notice in form E specifying the day or days of the week on which the persons employed by him shall be given a holiday. Though the applicant in his examination under S. 842 of the Code of Criminal Procedure denied to have committed these offences and alleged that he had maintained the register and the notices, there is no doubt that the alleged defaults did take place. This is proved by the evidence of the Inspector Ganguli who inspected the shop on 17-5-57. If a register was maintained and the notices published as required by the rules, the applicant could well have produced them before the trial Court. He did not do so.
(2.)THE principal contention on behalf of the applicant in this Court has been that he was ill and in a hospital at Jabalpur on the day on which the Inspector inspected the shop and therefore he could not be convicted of the said offence, though the applicant admitted in his examination that he was a partner in the shop known as the Empire Sports doing business at Mount Road, Nagpur.
(3.)THE question argued by Mr. G. M. Joshi on behalf of the applicant is whether he would fall within the definition of "employer" in section 2 (5) of the Central Provinces and Berar Shops and Establishments Act. If he does not, obviously, he cannot be called upon to fulfil the duties required by rule 11, sub-rules (1), (2) and (3) of the Rules.