RAGHUBAR DAYAL, J. - (1.) THIS is an appeal by the Local Government against the acquittal of the respondent of an offence under Section 12, U. P. Shops and Commercial Establishments Act (Act XXII [22] of 1947).
(2.) THE respondent is the proprietor of a news agency called the Singhal News Agency, Aligrah. Admittedly, he did not allow one day's holiday in the week to his employees.
(3.) THE contention for the prosecution is that the respondent's failure to allow one day's holiday in a week to his employees amounted to a contravention of the provisions of Section 12, U.P. Shops and Commercial Establishments Act (Act XXII [22] of 1917). The defence of the accused was that he did not contravene these provisions in so far as his employees did not work for more than 48 hours in a week and that Section 12 really enjoined the giving of one day's holiday to such employees whose total period of employment in the week was less (Sic.) than 48 hours. The learned Magistrate accepted the respondent's contention and acquitted him; hence this appeal. We do not agree with the interpretation of Section 12 of the Act by the learned Magistrate. Section 12 is : "Every employee of a shop or commercial establishment except a watchman or care -taker shall be allowed by the employer in each week a holiday of one whole day besides such holiday or holidays as may be granted under Section 11 : Provided that nothing in this section shall apply to any person whose total period of employment in the week including any days spent on authorised leave or on holiday under Section 11 is less than six days; or entitle to an additional holiday an employee who has been allowed a whole holiday on the close day under Section 10." ;