IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 7587 of 2011(W) ------------------------- PETITIONER: ------------------- MANOJ.B., 'APARNA', KUNDARA.P.O., KOLLAM DISTRICT, PRESENTLY EMPLOYED AS SERVICE ADVISOR, OMAN MARKETINGS AND SERVICE COMPANY, SOHAR, SULTHANATE OF OMAN. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): ------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN-695 004. 2. ASSISTANT LABOUR OFFICER, THRISSUR IIIRD CIRCLE, THRISSUR, PIN-680 001. 3. PROPRIETOR, M/S.AUTO CENTRE, REG.NO.R(SSI) 826/74, GOVERNMENT APPROVED WORKSHOP, MANNUTHY, THRISSUR, PIN-680 651. R1 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC BY GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.7587 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of April, 2011 J U D G M E N T The petitioner is an applicant for selection to the post of Assistant Motor Vehicles Inspector pursuant to a notification issued by the Kerala Public Service Commission. One of the qualifications prescribed for the post is experience in a Government recognized workshop. The petitioner had such experience in a private workshop which is recognized by the Government for the period from 20.09.1999 to 12.02.2002. According to the petitioner, the petitioner obtained Ext.P2 experience certificate as early as on 12.02.2002, when he was relieved from the establishment on cessation of the employment. But the P.S.C. prescribed a form for production of the certificate of experience, which has to be countersigned by either the Labour Officer or the Factories Inspector. He therefore obtained Ext.P3 certificate from the employer in the prescribed form and approached the Labour Officer for countersigning the same. But by Ext.P4 the 2nd respondent- W.P.(C)No.7587 of 2011 -2- Assistant Labour Officer takes the stand that since no employment records are available with the establishment for the period when the petitioner claims to have worked there, he is not in a position to countersign the experience certificate, Ext.P3. The petitioner therefore seeks the following reliefs: “i. Call for the records leading to Ext.P4 and quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to counter-sign Ext.P3 certificate relying on Ext.P2 within a time limit to be fixed by this Hon'ble Court. iii. declare that insistence on counter-signature of experience certificates by the Kerala Public Service Commission is without jurisdiction. iv. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to accept Ext.P3 experience certificate without insistence on counter-signature.” 2. The learned Government Pleader on instructions submits that, the establishment is not maintaining the statutory records as required by law and therefore the 2nd respondent cannot countersign the experience certificate. W.P.(C)No.7587 of 2011 -3- 3. I have considered the rival contentions in detail. 4. Admittedly the workshop is one recognized by the Government and it has also been registered as an SSI Unit. If the employer is not maintaining statutory records it was the duty of the 2nd respondent to see that the establishment complies with the statutory requirements. The petitioner cannot be found fault with for the same. If the petitioner had actually worked in that workshop for the period from 20.09.1999 to 12.02.2002, he cannot be denied the benefit of the certificate issued by the employer for the same so as to enable him to apply for selection to the post of AMVI. The 2nd respondent cannot simply say that since there are no records he will not countersign the same especially since the 2nd respondent has not discharged his statutory duties in seeing that the employer complies with the statutory requirements of keeping appropriate registers and it was the duty of the 2nd respondent to inspect the workshop periodically to ensure that the employer maintains the statutory registers. In the above circumstances, the W.P.(C)No.7587 of 2011 -4- 2nd respondent cannot refuse to countersign Ext.P3 certificate of experience simply because no records are available with the employer in respect of such employment. Accordingly, I dispose of this writ petition with the following directions: The 2nd respondent shall conduct an enquiry with the employer and the establishment and ascertain whether the petitioner had actually worked in the workshop during the period covered by Exts.P2 and P3. Such enquiry need not be necessarily be based on the records maintained by the employer if they are not now available. It can also be based on information collected by oral enquiry with the employer as well as other employees of the workshop or persons residing nearby. The same shall be done and if it is found on such enquiry that the petitioner had in fact worked in the said workshop during the period stated in Exts.P2 and W.P.(C)No.7587 of 2011 -5- P3, the 2nd respondent shall countersign the same, within a period of two weeks from the date of receipt of a copy of this judgment. If the petitioner produces such a countersigned certificate before the 1st respondent within one month, the same would be accepted as one produced within time and the candidature of the petitioner shall be processed accordingly by the P.S.C. The counsel for the petitioner submits that he has also got a contention that the prescription regarding countersignature may be left open to be agitated later if necessary. Accordingly that contention is left open. But that does not mean that, I have considered that contention on merits. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/