IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 30058 of 2007(C) -------------------------- PETITIONER: ------------ SHAIJU T.P., AGED 26 YEARS, S/O.DASAN T.P., THAZHE THANOORA, 'SRUTHI', EDAKULAM POST, KOYILANDY. BY ADV. SRI.SANTHARAM.P RESPONDENTS: ------------- 1. THE CHIEF SECRETARY, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TRAINING, INDUSTRIAL TRAINING DEPARTMENT, THYCAUD, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVT., LABOUR AND REHABILITATION DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 4. THE SECRETARY, NATIONAL COUNCIL FOR VOCATIONAL TRAINING, SHRAM SHAKTHI BHAVAN, 3 & 4 RAJ MARG, NEW DELHI-110001. 5. THE DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING, MINISTRY OF LABOUR, GOVT. OF INDIA, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R.4,5 GOVT. PLEADER SHRI.P.N.SANTHOSH FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 30058/07. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE PROSPECTUS. P2. COPY OF THE CERTIFICATE ISSUED BY THE ITI KOYILANDY. P3. COPY OF THE PROVISIONAL CERTIFICATE. P4. COPY OF THE APPOINTMENT ORDER TO THE PETITIONER. P5. COPY OF THE JUDGMENT IN W.P.C.NO.28127/04 OF THIS COURT. P6. COPY OF THE CERTIFICATE OF APPRENTICESHIP. P7. COPY OF THE NATIONAL APPRENTICESHIP CERTIFICATE. P8. COPY OF THE JUDGMENT IN CIVIL APPEAL NO.1541-1544/08 OF THE SUPREME COURT. P9. COPY OF THE JUDGMENT IN W.P.C.NO.29771/05 OF THIS COURT. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 30058 of 2007 ================== Dated this the 22nd day of July, 2008 J U D G M E N T The petitioner completed two year ITI course from the Government Industrial Training Institute, Koyilandy. According to the petitioner, on the basis of the prospectus, pursuant to which the petitioner got admission and on the assurance made in the provisional certificate, viz., Ext.P3, issued by the State Council for Vocational Training, the petitioner is entitled to issue of National Trade Certificate by the National Council for Vocational Training. However, the petitioner has not been given National Trade Certificate. Therefore, the petitioner has filed this writ petition seeking the following reliefs: “I). Call for the records with regard to the affiliations of the courses in Govt. I.T.I. Koyilandy during the year 1999-2000 to 2000- 2001 with N.C.V.T. II) Issue a writ of mandamus or other appropriate writ, order, or direction commanding the respondents to issue National Trade Certificates to the petitioner, III) Issue a writ of mandamus or other appropriate writ, order, or direction to the respondents concerned to hold that the National Apprenticeship Certificate (N.A.C.) issued by he [sic] N.C.V.T. should be considered on par with National Trade Certificate (N.T.C.)., IV) Issue an order directing the respondents to compensate the petitioner for the laches on the side of the respondents in non- Issuance of his National Trade Certificate.” w.p.c.30058/07 2 2. It is not disputed before me that at the relevant time when the petitioner underwent the course, the course was not affiliated to the National Council. But relying on the Supreme Court decision in Civil Appeal Nos.1541-1544 of 2008, which has been produced as Ext.P8, and Ext.P9 judgment of this Court rendered on the basis of that Supreme Court judgment, the petitioner submits that he is entitled to issue of a National Trade Certificate as the petitioner's case is exactly similar to those covered by those judgments. The learned Government Pleader does not dispute the above submission made by the learned counsel for the petitioner to the effect that Exts.P8 and P9 judgments are in cases similar to that of the petitioner. In the above circumstances, there would be a direction to the 4th respondent to issue a National Trade Certificate to the petitioner in the concerned trade within a period of two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.30058/07 3