IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 33187 of 2008(A) -------------------------------------- PETITIONER(S): ---------------------- DR.M.MOHAMED ALI, S/O.P.HASSAN KUNHI, SHAMY'S CLINIC, P.O.MAMBA, KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, MINISTRY OF LABOUR, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LABOUR COMMISSIONER, TRIVANDRUM. 3. THE DISTRICT LABOUR OFFICER, KANNUR. 4. THE ASSISANT LABOUR OFFICER, 2ND CIRCLE, KANNUR. BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V. GIRI, J. ------------------------------- WP(C).NO. 33187 of 2008 --------------------------------- Dated this the 11th day of November, 2008. JUDGMENT The petitioner was served with Exts.P5 and P6 notices of show cause/inspection report, alleging non compliance of the Maternity Benefit Act and the Payment of Wages Act. The petitioner submitted Ext.P8 reply thereto. In the meanwhile, the petitioner has also submitted Ext.P7 application for renewal of registration certificate. The petitioner was met with Ext.P9 which seems to be in repudiation of the reply given by the petitioner in Ext.P6. Learned counsel for the petitioner submits that if the petitioner has shown cause to Exts.P7 and P8, then an order should be passed by the Assistant Labour Officer and reply in the nature of Ext.P9 will not suffice. I find force in the submission. In the circumstances, the writ petition is disposed of directing the respondents to pass final orders pursuant to the proceedings initiated under Exts.P5 and P6 after giving the petitioner or his authorised representative an opportunity for hearing in that regard. Any coercive proceedings against the WPC. 33187/2008 2 petitioner for the infraction mentioned in Exts.P5 and P6 shall be kept in abeyance till orders are passed by the Assistant Labour Officer. V. GIRI, JUDGE pmn/