Law:

Section:

(a) North-West Frontier Province Trade Employees Act (XX of 1947), S. 10 (1) & (2) read with S. I5 (1)-Words "every shop or commercial establishment shall remain closed on a close day" to S.10 (1)Word "every"--Means all shops and commercial establishments irrespective of fact whether they run business through employees or are run by proprietors themselves-Language and provisions of section analogous to that of Ss. 7 & 12, Punjab Trade Employees Act (XX of 1940).   Tulsi Ram v. Emperor A I R 1944 Lah. 876 and Webster's New International Dictionary ref.   (b) Interpretation of Statutes-Scope and purpose for which title and preamble of Act can be used-Title cannot override clear meaning of enactment-Words used in statute not ambiguous but in excess of both title and preamble-Court bound to give section its full construction -North-West Frontier Province Trade Employees Act (XX of 1947), S. 10 (1).   Fellowes v. Clay (1843) 4 Q B 349 ; Reigate Rural Council v: Sutton District Water Company (1908) 99 L T 168, 170 ; Willmot v. Rose (1854) 23 L J Q B 281 and Tulsi Ram v. Emperor A I R 1944 Lah. 876 ref.   Maxwell : Interpretation of Statutes, 11 Edn. pp. 41 & 46.   JUDGMENT   FAIZULLAH, J.---This is an appeal by the State against the order dated 9th June 1961, : f Pir Sayyed Hussain Jan, Magistrate 1st Class, Mardan acquitting the respondent, na-nely, Muhammad Yusuf Khan, a shopkeeper of Mardao, who was charged under section 10 (1) (2) and section 15 (1) of the North-West Frontier Province Trade Employees Act (No. XX of 1947), (hereinafter to be referred to as the Act).   The question raised in the appeal turns on the interpreta?tion of section 10 (1) of the Act, which directsthat "every shop or commercial establishment shall remain closed on a close day."   The learned Magistrate after stating the object of the Act held that "it was abundantly clear stow thatthe Act is meant to limit the hours of work of shop assistants and commercial employees and to make certain regulations concerning their holidays etc." The learned Magistrate proceeded to state that it was not the case…