Case Note & Summary
The petitioner, Sardar Refreshments, a restaurant, filed a writ petition challenging the refusal of the State of Maharashtra to grant it an exemption from the closing hours prescribed under Section 19(1) of the Bombay Shops and Establishments Act, 1948. The petitioner sought to remain open until 1 a.m. instead of the mandated 12 midnight. The Court examined the relevant provisions: Section 19(1) prohibits any restaurant or eating house from being opened earlier than 5 a.m. or closed later than 12 midnight for service, with a proviso allowing employees to work from 4:30 a.m. to 12:30 a.m. Section 19(2) empowers the State Government to fix later opening or earlier closing hours for different restaurants or areas. Section 4 read with Schedule II provides for exemptions from certain provisions for specified establishments. The Court noted that the petitioner's establishment is a restaurant and thus squarely covered by Section 19(1). The State Government's power under Section 19(2) is to fix different hours for classes of restaurants or areas, not to grant individual exemptions. The only exemption power is under Section 4, which is limited to establishments listed in Schedule II, and the petitioner does not fall within any of those categories. The Court dismissed the petition, holding that the petitioner must comply with the closing time of 12 midnight as per Section 19(1).
Headnote
A) Shops and Establishments - Regulation of Opening and Closing Hours - Section 19(1) and Section 19(2) of Bombay Shops and Establishments Act, 1948 - The petitioner, a restaurant, sought exemption from the closing time of 12 midnight prescribed under Section 19(1) to remain open until 1 a.m. - The Court held that Section 19(1) applies uniformly to all restaurants and eating houses, and the State Government under Section 19(2) can fix different hours for different restaurants or areas but cannot grant individual exemptions - The power of exemption is only under Section 4 read with Schedule II, which does not cover the petitioner's case - Held that the petitioner is not entitled to any exemption from the closing hours (Paras 1-5).
Issue of Consideration
Whether the petitioner, a restaurant, is entitled to an exemption from the closing hours prescribed under Section 19(1) of the Bombay Shops and Establishments Act, 1948, and whether the State Government has the power to grant such exemption under Section 19(2) or Section 4 of the Act.
Final Decision
The writ petition is dismissed. The petitioner is not entitled to any exemption from the closing hours prescribed under Section 19(1) of the Bombay Shops and Establishments Act, 1948.
Law Points
- Interpretation of Section 19(1) and Section 19(2) of Bombay Shops and Establishments Act
- 1948
- Power of State Government to fix opening and closing hours
- Exemption under Section 4 and Schedule II
- No power to grant individual exemptions beyond Schedule II
