IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 23664 of 2008(P) ------------------------------------------ PETITIONER: --------------------- JAYAKRISHNAN T.R., S/O.LATE T.K.RAMANATHAN, THACHAMUCHIKKAL HOUSE, VILAYANCHATHANNUR, VILAYANNUR P.O., PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TRAINING, DEPARTMENT OF INDUSTRIAL TRAINING, THYCAUD, THIRUVANANTHAPURAM - 14. 3. THE PRINCIPAL, INDUSTRIAL TRAINING INSTITUTE, MALAMPUZHA. BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23664/2008 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REPORT DTD. 20/06/2003 SUBMITTED BY K.S.DHARMARAJAN. EXT.P2: COPY OF THE PROCEEDINGS DTD. 11/05/2004 PASSED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE PROCEEDINGS OF THE RESPONDENT NO.2 ON 28/03/2007. EXT.P4: COPY OF THE PETITION DTD. 26/06/2008 SUBMITTED BY THE PETITIONER. EXT.P5: COPY OF THE ACKNOWLEDGEMENT CARD RECEIVED ON RECEIPT OF EXHIBIT P4 BY THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.23664 of 2008 ------------------------------- Dated this the 14th October, 2008. J U D G M E N T The petitioner is a pensioner. He retired from service on 31.12.2001 on attaining the age of superannuation while he was working as Senior Superintendent in the Industrial Training Insitute at Malampuzha. In this writ petition, the petitioner challenges Exts.P2 and P3 orders whereby the sum of Rs.12,727/= has been fixed as his liability by the Director of Training. The petitioner submits that challenging Exts.P2 and P3 orders, he had filed Ext.P4 representation before the Honourable Minister for Labour, who in turn has forwarded the same to the Secretary (Labour), for appropriate orders. 2. When the writ petition came up for hearing today, Sri.Sajan Varghese, the learned counsel appearing for the petitioner submitted that without going into the merits of the contentions raised by the petitioner, the writ petition may be disposed of with a direction to the Secretary to Government, W.P.(C) No.23664 of 2008 2 Labour Department, to consider Ext.P4 representation and take a decision thereon within a time limit to be fixed by this Court, after affording the petitioner an opportunity of being heard. 3. I have heard Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents as well. The learned Government Pleader submitted that if as claimed by the petitioner, Ext.P4 representation has been received by the Secretary to Government, Labour Department, the first respondent will hear the petitioner and pass orders thereon expeditiously. 4. Having regard to the submissions made at the Bar by the learned counsel appearing on either side, I dispose of this Writ Petition with a direction to the Secretary to Government, Labour Department, to consider Ext.P4 representation and pass orders thereon, within three months from today. Needless to say, the petitioner shall be afforded an opportunity of being heard before orders are passed on Ext.P4. If the petitioner is aggrieved by the order passed by the first W.P.(C) No.23664 of 2008 3 respondent on Ext.P4, it will be open to him to challenge the same in other appropriate proceedings. The petitioner's contentions on the merits are left open. The petitioner shall produce a certified copy of this judgment along with a copy of the writ petition before the Secretary to Government, Labour Department, for compliance within three weeks from today. P.N.RAVINDRAN, JUDGE nj.