Uniyal, J. - (1.) The question referred to this Bench is whether the opinion expressed in Abid Ali v. State, 1958 All L. J. 333 that the expression "employer" in Section 2(6) of the U. P. Shops and Commercial Establishments Act, 1947 contemplates an owner of a shop who has engaged some employees to help him in running Ms business, is legally sound.
(2.) Section 2(6) of the U. P. Shops and Commercial Establishments Act (U. P. Act XXII of 1947) defines "employer" in these terms: "A person having charge of or owning the business of a shop or commercial establishment, and includes the manager, agent or any other person acting in the general management or control of such shop or commercial establishment.'' Section 4 of the Act provides that- "Nothing in this Act shall apply to..... (e) members of the family of any employer". Section 10(1) of the Act provides that- "Every employer shall close his shop or commercial establishment ..... on one day of the week, and such day shall ..... be referred teas 'the close day'."
(3.) The charge against the applicant was that he had kept his shop open on a Sunday which was notified to be 'close day' by the District Magistrate. His defence was that he had not employed any person as servant or agent in his shop to carry on his business and, therefore, he did not fall within the expression "employer" as defined in Section 2(6) of the Act. The applicant placed strong reliance for his contention on the case of 1958 All LJ 333 (supra).;