Nair Service Service Society vs State Of Kerala
2021 Latest Caselaw 14297 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                        WP(C) NO. 2092 OF 2013
PETITIONER:

            NAIR SERVICE SERVICE SOCIETY
            REPRESENTED BY ITS GENERAL SECRETARY, PERUNNA P.O.,
            CHANGANACHERRY-686 102.

            BY ADVS.
            SRI.P.GOPAL
            SRI. B.MURALEEDHARAN



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM-695001.

    2       DEPARTMENT OF GENERAL EDUCATION
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM-695001.

    3       DEPARTMENT OF LABOUR AND REHABILITATION
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM-695001.

    4       THE ASSISTANT LABOUR OFFICER
            OFFICE OF THE ASSISTANT LABOUR OFFICER, MALAPPURAM-
            676505.

    5       THE ASSISTANT LABOUR OFFICER
            OFFICE OF THE ASSISTANT LABOUR OFFICER, KALPETTA,
            WAYANAD-673121.

    6       THE ASSISTANT LABOUR OFFICER
            THIRUVANANTHAPURAM, OFFICE OF THE ASSISTANT LABOUR
            OFFICER, THIRUVANANTHAPURAM CIRCLE, PIN 695001.

            BY ADV SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL
 WP(C) NO. 2092 OF 2013
                                  2




          SRI. P.M.MANOJ -SR.GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2092 OF 2013
                                    3

                               JUDGMENT

The issues impelled in this writ petition have already gained

my attention in WP(C) No.13108/2013.

2. The factual circumstances narrated and the reliefs

sought for are similar, if not identical, to the ones made and

sought for in WP(C) No.13108/2013.

3. In both these cases, the challenge of the schools were

with respect to an order issued by the competent Authority acting

under the provisions of the Minimum Wages Act; and in the

judgment in WP(C) No.13108/2013, I have dealt with in detail,

inditing the reason why the matter requires consideration at the

hands of the Government.

4. Since the facts involved in this case are, as I have

already said above, similar to that noticed in WP(C)

No.13108/2013, am certainly of the view that this writ petition

also deserves to be disposed in the same terms. Resultantly,

without entering into the merits of the rival contentions of the

parties as are available from the materials on record in this writ WP(C) NO. 2092 OF 2013

petition, I order it, allowing the petitioner to approach the

competent Authority of the Government with an appropriate

representation, detailing as to why they cannot be brought within

the ambit of Ext.P2 order; and if this is done within a period of

one month from the date of receipt of a copy of this judgment,

same shall be considered by its competent Authority - if possible

along with the representation made by the School involved in

WP(C) No.13108/2013, if the same is still pending - after

affording an opportunity of being heard to the authorized official

of the petitioner as also the concerned officials of the General

Education Department - either physically or through video

conferencing - thus leading to an appropriate order thereon,

within the earlier possible time.

Needless to say, consideration of the representation as

ordered herein, shall be done adverting to my observations in the

judgment in WP(C) No.13108/2013.

If, thus goes without saying that until such time as the afore

exercise is completed and the resultant order communicated to the WP(C) NO. 2092 OF 2013

petitioner, the interim order granted by this Court on 06.02.2013 -

by which enforcement of Ext.P2 notification on the petitioner had

been stayed - will continue to be in force.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/08/07/2021 WP(C) NO. 2092 OF 2013

APPENDIX OF WP(C) 2092/2013

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER ISSUED BY THE GENERAL EDUCATION DEPARTMENT OF THE GOVERNMENT, GO(MS) NO.36/11/G.EDN. DATED 14/02/2011.

Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 12/09/2011.

Exhibit P3 TRUE COPY OF THE INSPECTION ORDER DATED 10/09/2012 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE REPLY OF THE MANAGER DATED 01/10/2012.

Exhibit P5 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 16/11/2012.

Exhibit P6 TRUE COPY OF THE INSPECTION REPORT DATED 02/11/2012 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE REPLY GIVEN BY THE MANAGER DATED 29/11/2012 TO THE 5TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE INSPECTION REPORT DATED 09/03/2012 ISSUED BY THE 6TH RESPONDENT BEFORE THE PRINCIPAL OF MMRHS SCHOOL, KARAMANA.

Exhibit P9 TRUE COPY OF THE SHOW CAUSE CUM CLAIM NOTICE DATED 18/08/2012 ISSUED BY THE 6TH RESPONDENT.

Exhibit P10 TRUE COPY OF THE REPLY SENT BY THE PRINCIPAL OF MMRHS SCHOOL DATED 27/08/2012.

Exhibit P11 TRUE COPY OF THE LETTER DATED 03/09/2012 ISSUED BY THE 6TH RESPONDENT.

WP(C) NO. 2092 OF 2013

Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 05/09/2012 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA.

Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 05/09/2012 ADDRESSED TO THE HON'BLE MINISTER FOR LABOUR OF KERALA.

RESPONDENTS' NIL EXHIBITS:-

//TRUE COPY//

P.A. TO JUDGE