- (1.) IN all these petitions, the petitioner i. e. The Sriganganagar Sugar Mills Ltd. , Sriganganagar has challenged various orders made by the authorities under the Rajasthan Shops and Commercial Establishments Act, 1958. All petitions have been made under Section 28-A of that Act given by different employees for different reliefs. However, one common question arises in all these petitions and on the decision of that question the fate of all these cases lies. All these petitions are being decided by this common order as the question is common to all and the jurisdictional question comes to the root of all the matters.
(2.) THE relationship of master and servant between the petitioner and the respondent is not disputed. That the respondents are employees of the petitioner Sugar Mills is not disputed. That particular 'workman' as contemplated by the Industrial Disputes Act or some other beneficial Legislation cannot be disputed. The only question which arise in these cases for adjudication is whether under the provisions of the Rajasthan Shops and Commercial Establishments Act, 1958, the relief claimed by the respondents can be granted by the authorities under Section 28-A of that Act when by reason of Section 3 the Establishment of the petitioner is exempted from the operation of the Act itself.
(3.) MR. D. S. Shishodia, learned counsel appearing on behalf of the petitioner submitted that a bare perusal of the provisions of Section 3 would bear out the contention. He pointed out by relying on the definition of the words 'commercial Establishments and Shops' in the said Act, and claimed that the petitioner Mills is certainly an Establishment or Office or Undertaking of the Government entitled to the exemption contemplated by Section 3 of the Act.;