SrinagarThe Jammu and Kashmir High Court on Tuesday directed the Labour Commissioner to take the inputs from SSP Traffic Srinagar a proposal to government for closing down for entire day a particular market in Srinagar once a week. The court has already clarified that it shouldnt necessarily be Sunday or Friday.
Since the whole exercise is conducted for traffic management, before the proposal is approved and finalized (by government), we directed the Labour Commissioner to take the inputs from SSP traffic on the proposal, a division bench Chief Justice Badar Durrez Ahmed and Justice Ali Mohammad Magrey during the hearing of a Public Interest Litigation.
In order to expedite the process, the copy of the proposal be provided to SSP traffic without waiting for any request from SSP and she shall submit her inputs at the earliest, the court, adding, thereafter the Commissioner Secretary Labour department shall finalize the same. The court directed that a status report in this regard be submitted by next date of hearing in the PIL on September 29.
On previous hearing, Krishan Lal, the Deputy Labour Commissioner, who was present in the Court, stated that under Section 13 of the Jammu & Kashmir Shops and Establishments Act 1966, every shop or establishment has to remain closed entirely on one day of the week.
Referring to Subsection (1) of Section 13 of the Act, he said, it requires an employer to choose between Sunday and Friday.
However, the court noticed that an amendment has been introduced by virtue of sub-section (1-a) which permits the Government, notwithstanding the provisions contained in sub-section (1), to by notification in the Government Gazette, fix any day other than Sunday and Friday to be the close day in respect of any area specified in the notification.
Accordingly, the court had directed the Labour Commissioner to present a proposal in line with with suggestion by SSP Srinagar that labour Commissioner should enforce the slated holidays of different markets and trades on different days of the week so that traffic congestion was eased in different parts of the City.
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