IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 3846 of 2009(G) ------------------------------------- PETITIONER: ------------------- G. RAJAN ACHARI, GENERAL SECRETARY, KERALA INDUSTRIAL TRAINING DEPARTMENT TECHNICAL STAFF ORGANISATION, LINTU NIVAS, C/O. THARA BHAVAN, CHANDANATHOPPU.P.O, KOLLAM – 14. BY ADV. DR.K.P.SATHEESAN, MR.K.K.GOPINATHAN NAIR, MR.M.R.JAYAPRASAD, MR.P.MOHANDAS (ERNAKULAM). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TRAINING, INDUSTRIAL TRAINING DEPARTMENT, THYCAUD.P.O., THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR OF TRAINING, INDUSTRIAL TRAINING DEPARTMENT, THYCAUD.P.O., THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3846/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of February, 2009 J U D G M E N T As per Ext.P1, proposals have been mooted for amendment of Special Rules and, accordingly, the Joint Director has forwarded the draft Special Rules to the Director of Training. The petitioner represents the Kerala Industrial Training Department Technical Staff Organisation being its General Secretary. It is a recognised organisation. The association consists of the teaching and supervisory staff in various Industrial Training Institutes in the State. 2. The grievance raised by the petitioner in this writ petition is against the steps taken to frame the Special Rules without following the terms of Ext.P4 Circular. Before finalising the draft Special Rules, the Government will have to consult the common service organisations and other recognised service organisations, if any, in the Department. It is pointed out that the said procedure is given go bye as far as finalisation of the draft Special Rules herein is concerned. It is in view of the above the petitioner has submitted Ext.P3 before the Secretary to Government Labour and Rehabilitation Department detailing their views in the matter. W.P.(C) No.3846/2009 -:2:- 3. The learned Government Pleader on instructions submits that what has happened is only the forwarding of the draft Special Rules to the Joint Director and the further steps in the matter still remains to be done and it is ultimately for the Government to consider the finalisation of the draft Special Rules after taking the views of all concerned. The said stage has not reached and hence there is no violation of Ext.P4. 4. Going by Ext.P4 circular, various steps have been laid down by way of procedures to be followed in regard to the framing of the Special Rules. The para 3(2) of the said Circular provides for discussion of the draft Special Rules with the representatives of the common service organisations etc.. 5. Since the said stage has not reached, there is nothing to show, as on today, that the Government will not follow the same. When the finalisation of the draft Special Rules is undertaken by the Government, the necessary steps as provided in Ext.P4 will be adhered to. With the above observation, the writ petition is disposed of. No costs. (T.R. Ramachandran Nair, Judge.) ms