Order: By this revisional application the petitioner has prayed for quashing the criminal proceeding in Case No. C/2079 of 1988, pending in the Court of the learned Metropolitan Magistrate, 16th Court, Calcutta. 2. The petitioner has been sought to be prosecuted under Section 21(1) of the West Bengal Shops and Establishment Act, 1993 for alleged contravention of the provisions of Sections 5(3), 16(3) and 17(1) of the West Bengal Shops and Establishment Act, 1963 and also the rules made thereunder. In the complaint petition the petitioner has been variously described as Proprietor (Manager/Director (Managing Director (Partner Shopkeeper /In-Charge/Employer respectively of a commercial establishment. He has not been specifically described as owner or employer of the establishment. It is not known from the complaint petition whether the secretary is an employer for gain in that commercial establishment. As such the description of the petitioner does not satisfy the requirement of section 2(4) of the said Act. In order to attract the penal provision under the Act, he must be an employer which means a person owning or having charge or an establishment and includes an agent or a manager or such person in the general management or control of such establishment. In the instant case the complainant has failed to submit the exact nature of duty undertaken by the Secretary. While arguing, the learned Counsel for the petitioners has referred to a Division Bench decision of this Court reported in 1988(II) CHN 100 (A.K. Koley and others vs. State). The facts of the reported case are almost similar to the facts of the case in hand. 3. Relying on the decision cited by the learned Counsel for the petitioner I hold that the prosecution has not made out any case against the accused petitioner and that his prosecution under the aforesaid Act is bad in law. 4. The result it that this revisional application is allowed and the impugned proceeding is quashed. If certified copy of this order is applied for, the same be granted expeditiously by the Criminal Section. Application allowed. Proceedings quashed.