IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH JUNE 2010 / 4TH ASHADHA 1932 WP(C).No. 19664 of 2010(G) --------------------------------------- PETITIONERS: --------------------- 1. ALL INDIA BATA SHOPP EMPLOYEES' UNION, REG.NO.755, BATA SHOE STORE, M.A.ROAD, CANNANORE – 670 001. REPRESENTED BY ITS CHIEF ZONAL ORGANISER, KERALA COIMBATORE ZONE, P.C.JAYARAJ. 2. P.P.RAGHUNANDHAN, SALESMAN, BATA SHOE STORE THALASSERY. BY ADVS. SRI.C.ANIL KUMAR, SMT.A.K.PREETHA. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR & REHABILITATION, SECRETARIAT, THIRUVANANTHAPRUAM. 2. THE LABOUR COMMISSIONR, GOVERNMENT OF KERALA, HOUSING BOARD COMPLEX, THIRUVANANTHAPURAM. 3. M/S.BATA INDIA LIMITED, 6 ASN BANERJEE ROAD, KOLKATA, REPRESENTED BY ITS MANAGING DIRECTOR. R1 & R2 BY SR. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO. 19664 OF 2010 ............................................ DATED THIS THE 25TH DAY OF JUNE, 2010 JUDGMENT The first petitioner is a trade union and the second petitioner is a member of the same. They complain that the third respondent, M/s.Bata India Limited is not complying with the provision to designate one day in a week as holiday. According to the petitioners, the third respondent has 37 retail shops and one whole sale depot in the State of Kerala. There are 40 permanent employees and more than 65 contract employees working in various shops in Kerala. 2. According to the petitioners, the service conditions of the employees are governed by a bipartite settlement entered into between the first petitioner union and the third respondent. The said settlement was in the year 2003, and holds the field. The shops run by the third respondent are governed by the provisions of the Kerala Shops and Commercial Establishments Act(`the Act' for short). Section 11(1) of the Act mandates that every employee shall be allowed one day as holiday, every week. It is the case of the petitioners that the third Wpc 19664/2010 2 respondent is not complying with the above provision. Though as per Ext.P1, they have shown Sunday as the weekly holiday, the petitioners have produced Ext.P2 bills to show that shops have worked on Sundays. The bills also show that Saturday has been shown as the weekly holiday there. The petitioners have therefore submitted Ext.P5 representation to the second respondent setting out their grievance. According to the petitioners, no action has been taken on Ext.P5 so far. They therefore seek appropriate directions for an early disposal of the same. The learned Senior Government Pleader has no objection to Ext.P5 being directed to be expedited. 3. In the above circumstances, this writ petition is disposed of directing the second respondent to consider the grievance of the petitioners detailed in Ext.P5 representation in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk