BIHAR STATE MARKETING BOARD Vs. CHIEF INSPECTING OFFICER BIHAR

JUDGEMENT

(1.) The petitioner, Bihar State Marketing Board, which has been established under Section 33 -A of the Bihar Agricultural Produce Markets Act, 1960 (for short 'the Markets Act') and is a body corporate (Section 33 -B), and which, inter alia, has been controlling and enforcing the Markets Act within the State of Bihar and compelling the traders to take out licences for carrying trade and business in a large number of agricultural produces, has now itself fallen a victim to the order of the authority under the Bihar Shops and Establishments Act, 1953 (for brevity 'the Shops Act') who is now compelling the Board and the various Market Committees under it to get themselves registered under the Shops Act.

(2.) The Chief Inspecting Officer (respondent No. 1) by his letter dated 8 -9 -1979 (Annexure -2) rejecting the objection of the petitioner, has held that the petitioner and the Market Committee under it were covered under the mischief of the Shops Act and thus liable to get themselves registered under the provisions thereof. The petitioner has accordingly filed this application for quashing the said communication (Annexure -2) and for restraining the respondents from taking any action for enforcement of the Shops Act.

(3.) The main thrust of the petitioner's case is that none of the activities of the petitioner or its constituent Market Committees can be said to be such which could amount to carrying on any business, trade or profession or work in connection or incidental or ancillary thereto, and thus the Shops Act had no application. The expression "establishment has been defined under the Shops Act as follows: 'establishment' means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to, any business, trade or profession and includes - -