IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 31205 of 2009(U) -------------------------------------- PETITIONER: ------------------- M/S.JOY ALUKKAS TRADERS (INDIA)PVT.LTD., A COMPANY REGISTERD UNDER THE COMPANIES ACT,1956,AND HAVING REGISTERED OFFICE NOW IN THE ADDRESS DOOR NOS.40/2096A AND 2096B, MARINE DRIVE,SHANMUGHAM ROAD, ERNAKULAM,REP.BY ITS GENERAL MANAGER, P.P. JOSE, AGED 65, S/O. P.A.PAILOTH, PUDUKADAN HOUSE, KORATTY, THRISSUR. BY ADVS. MR.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, MR.K.RAVI (PARIYARATH). RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT., LABOUR DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LABOUR COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASST. LABOUR OFFICER, CIRCLE II, KOLLAM. R1 TO R3 BY GOVT. PLEADER MR. V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31205/2009-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE R.3. DTD 27/10/09. EXT.P.2: COPY OF THE REPLY SUBMITTED BY THE PETITIONER COMPANY TO THE R.2. DTD. 31/10/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 31205 OF 2009 -------------------------------------- Dated this the 13th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioner has made Ext.P2 representation before the Labour Commissioner seeking exemption from the provisions contained in Section 11 of the Kerala Shops and Commercial Establishments Act, 1960. Let the Labour Commissioner take a decision on that within a period of one month from now. In the meanwhile, the petitioner will file objections to Ext.P1 notice of the Assistant Labour Officer. The said officer will be entitled to hear the petitioner and proceed to decide on the matter, however that, no final order will be issued without obtaining the decision of the Labour Commissioner on Ext.P2. The petitioner will place copies of the judgment before the Labour Commissioner and the Assistant Labour Officer for further action, in terms of what is stated above. The Writ Petition is ordered accordingly without expressing anything on merits. THOTTATHIL B. RADHAKRISHNAN, Judge ps