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3. The case for the revision petitioner was two-fold. First of all, that he had applied to Government that he was going to work on a shift system arid that the shop would not be: wholly closed on any day and that, he proposed to give each worker a complete holiday every week and that he should be granted exemption from the provisions of Section 11(1) of the Act. There is no evidence that this revision petitioner has been grant-ed any such exemption.

If this exemption applied for had been granted, then it would be a complete answer. But such not being the case, we have to consider the next contention raised by this revision petitioner. It is common ground that the revision petitioner gives all his workers one day's holiday in a week in conformity with the provisions of Section 11(2) of the Act.

4. On the foot of that it is contended by the revision petitioner that Section 11(1) of the Act providing for a complete closure of the shop for one day in the week offends the provisions of Article 19 (I) (g) of the Indian Constitution which lays down that all citizens shall have the right to practice any profession or carry on any occupation, trade or business, that when the revision petitioner gives every worker, a holiday in conformity with the provisions of Section 11(2) of the Act, he is not bound to completely close his shop for one day in the week, that Section 11(1) of the Act is an unreasonable restriction and interference-with his right to the practice of his trade or business, that it is not a reasonable restriction on the exercise of the said right in 'the interests of the general public protected by Clause 6 of Article 19, that the Act has been designed only to give workers in the shops one day's holiday in the week and that this Intention of the Act is amply fulfilled by the restriction imposed under Section 11(2) compelling an employer to give each worker a day's holiday in the week and that the employer is entitled to conduct his business in such a manner that he gives a day's holiday in the week to all the workers by working on a shift system spread over the Week, without actually closing the shop, on any particular day of the week.

Restaurants and theatres, which did not close ' on any day were forced to grant weekly holidays to all its employed persons and adopt shift systems of work. It is no doubt true that the commercial establishments, like banks and insurance companies, are said to be closed oh Sundays and other public holidays declared under the Negotiable instruments Act, but it will be seen that the employees attend their offices on such days to clear off arrears of work, and the Intention of rest underlying the grant of holidays is not achieved practically...."