JUDGMENT 1. - Petitioner is the sole proprietor of M/s Ganesh Lai Ram Kishore and doing Kirana business in the Shop No. 297 situate in Chandpole Bazar, Jaipur. The shop of the petitioner is registered under the Shops and Commercial Establishments Act, 195,, (hereinafter referred to as the Act') and he has been allotted Registration No. S.H. 209/22 P-2i/76 The case of the petitioner is that since July 21, 1980 till March 16, 1986, the petitioner was closing the shop on Sunday. Due to some practical circumstances and certain other reasons it was not possible for the petitioner to close his shop on Sunday. The petitioner, in these circumstances, submitted an application before the Inspector, Shops and Commercial Establishment, Chandpole Zone, Jaipur City, for change in the weekly holiday from Sunday to Wednesday in the prescribed Form No. 7 on March 17, 1986. The petitioner received a letter dated March 28, 1986 from the Joint Labour Commissioner, Jaipur Region. Jaipur that the application Form of the petitioner has been sent for consideration before the Labour Commissioner. Thereafter, the petitioner sent many representations to the non-petitioners, but they did not pay any to the application submitted by the petitioner on March 17, 1986. After a lapse of long time the petitioner started observing weekly holiday on Wednesday instead of Sunday. The non-petitioner No. 2 inspected the shop of the petitioner and filed a challan before the Judicial Magistrate No. 7, Jaipur City for violating the provisions of weekly holidays. The petitioner in these circumstances has filed the present writ petition and has prayed that the non-petitioners be directed to allow the petitioner to observe Wednesday as the weekly holiday instead of Sunday and the order dated March 28, 1987, passed by the Joint Labour Commissioner be quashed. 2. Inspite of a show cause notice given to the non-petitioners no reply has been filed. It has been contended by learned counsel for the petitioner that under Section 12 of the Act the employer had a right to make a change in respect of closing his shop for one day in the week and the only requirement was to inform the Inspector by submitting an application in Form No. 7 annexed with the Rajasthan Shops and Commercial Establishment Rules, 1969 made under the Act. 3. Mr. 3. Mr. Rathore learned Deputy Government Advocate submitted that the non-petitioners must have taken an action on the application submitted by the petitioner but he is not in a position to state the result of such action. Mr. Rathore further submitted that till any action is finally taken by the non-petitioners, this writ petition is pre-mature. 4. Relevant provision of Section 12 of the Act reads as under : "12. Weekly Holidays-Every establishment shall remain closed for one day of the week, the employer shall fix sup It date at the beginning of the year, notify it to the Inspector and the specify it in a notice prominently displayed in a conspicuous place in the Shop or Commercial Establishment. The employer shall not alter such day more after than once six months and shall notify the alteration to the Inspector and make the necessary change in the notice in the Shop or Commercial Establishment." According to the above provision the employer is to notify to the Inspector regarding an change in the weekly holiday at the beginning of the year. In the present case, admittedly, an application was submitted by the petitioner as back as on March 17, 1986 and the Joint Labour Commissioner by Annexure 2 dated March 28, 1986 had informed that the application of the petitioner had been sent to the Labour Commissioner for necessary action. We are at a loss to understand as to why no action was taken on such application by the non-petitioners for such a long time and on the contrary the Inspector initiated criminal proceedings against the petitioner by filing a challan in the Court of Judicial Magistrate No. 7, Jaipur City. According to the provisions complained in Section 12 of the Act it is the desire of the employer to fix any day of the week on which the establishment shall remain closed. The only requirement is that in case of any change a notice is to be given as required under Form No. 7. The petitioner has already complied with such formality, and the non-petitioners have neither filed any reply nor have shown any cause as to why such application was not allowed for such a long time. In view of these circumstances. The petitioner has already complied with such formality, and the non-petitioners have neither filed any reply nor have shown any cause as to why such application was not allowed for such a long time. In view of these circumstances. this petition is allowed and the non-petitioners are now directed to allow the petitioner to observe the weekly holiday on Wednesday instead of Sun Jay as applied by him. The petitioner would be entitled to costs from the respondents.Petition allowed with cost. *******