Umesh Chandra Banerjee, J. - (1.) The issue for consideration in this writ petition is a short but an interesting one. The inclusion of the "establishment of legal practitioners" within the definition of "commercial establishment" as introduced by the West Bengal Shops and Establishment (Amendment) Act, 1981 (W.B. Act 16 of 1981), is under challenge in this petition, as violative of the constitutional safeguards.
(2.) The Bengal Shops and Establishment Act, 1940 (Act 16 of 1940), came into force with effect from April 1, 1941. Subsequently the Act of 1940, though amended in 1950 by Act 64 of 1950, was repealed and the West Bengal Shops and Establishment Act was engrafted in the Statute Book in 1963 (Act 13 of 1963), with a view to ameliorate the conditions of weaker sections of the society and providing the employees with some additional benefits in the context of changed circumstances. The Act of 1963 came into force from August 15, 1964 (vide Gazette notification dated August 3, 1964). The Act of 1963, a social welfare legislation, aims to regulate certain conditions of service of the employees.
(3.) The petitioners are the partners who carry on the profession of Solicitors and Advocates under the name and style of Messrs. Orr, Dignam & Company. Each of the petitioners are enrolled Advocates of this Court. In the normal course Messrs. Orr, Dignam & Co. acts on behalf of its clients in regard to litigation in this Honourable Court and in various other High Courts including the Supreme Court of India. In connection with such work, circumstances often arise when it is necessary for the firm to keep its office open far beyond the ordinary working hours, so that urgent pleadings may be made ready and other urgent work done. Apart from the said partners there are assistants in the said firm of Solicitors who often attend conferences with counsel which are fixed and continued well beyond the ordinary working hours. According to the petitioners such urgent work and attending the conferences are normal mode of working amongst all advocates and it is not effectively possible to carry on the profession without doing so.;