IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 OP.No. 12891 of 2001(I) ----------------------- PETITIONERS: --------------- 1. COCHIN YACHT CLUB, KOTHURUTHY, THEVARA, KOCHI 682013 REPRESENTED BY ITS GENERAL MANAGER LT. COL. A.P.E. KUTTY (RETD.) 2.C.P. MAMMEN, PRESIDENT, CONCHIN YACHT CLUB, KOTHURUTHY, THEVARA, KOCHI 682013 BY MR. JOSEPH MARKOSE, SENIOR ADVOCATE RESPONDENTS : --------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY, LABOUR DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM 2. ASSISTANT LABOUR OFFICER, ERNAKULAM 1 CIRCLE COCHIN 682025 3. LABOUR INSPECTOR, ERNAKULAM 1 CIRCULE, COCHIN 682 025 BY GOVERNMENT PLEADER MS. P. MAYA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 12891 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE MEMORANDUM OF ASSOCIATION AND BYE LAWS OF THE CLUB EXT. P2 : TRUE COPY OF APPLICATION DATED 29.01.2001 OF THE PETITIONER. EXT. P3 : TRUE COPY OF REPRESENTATION DATED 02.03.2001 OF THE PETITIONER TO THE 2ND RESPONDENT. EXT. P4 : TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 05.03.2001 FPRWARDED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT. P5 : TRUE COPY OF LETTER DATED 27.03.2001 FORWARDED BY THE 2ND RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ O. P No . 12891 of 2001 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 13th October, 2011 JUDGMENT The petitioners have approached this Court with the following prayers : i. call for the records relating to Exhibits P4 and P5 issued by the 2nd respondent and quash the same by issue of a writ of certiorari or other appropriate writ direction or order ii. declare that the provisions of the Shops & Commercial Establishments Act, 1960 is not applicable to the Petitioner Club and consequently that the Petitioner is no liable to take out a registration thereunder. iii. issue a writ of prohibition or such other appropriate order of direction restraining the 2nd respondent from taking any steps in pursuance of Exts. P4 or P5. iv. Stay all further proceedings pursuant to Exs. P4 and P5 until final disposal of this Original Petition. v. Pass such other or further order as this Hon'ble Court may deem fit under the circumstances of the case. 2. Heard the learned Government Pleader as well. 3. The learned counsel for the petitioner submits that the petitioner is aggrieved by Ext. P5 order, whereby the contention of the first petitioner that the said petitioner is not liable to be registered under the Kerala Shops & Commercial Establishments Act, 1960 has been turned down, stating that, it very much comes within the purview of the O.P. No. 12891 of 2001 : 2 : said Act. The learned counsel also submits that, though the petitioner has obtained registration under the Act, the petitioner seeks for a declaration that the stand taken by the respondents is not correct as the petitioner is only a 'Society' registered under the Travancore - Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 4. During the course of hearing, it is brought to the notice of this Court that this Court had an occasion to consider whether the first petitioner institution registered as 'Club' is an establishment under the provisions of the Kerala Labour Welfare Fund Act 1975. After discussing the various provisions as aforesaid, it was held in Cochin Yacht Club Vs. State of Kerala (2006 (3) KLT 67) that the petitioner would satisfy the requirement in view of the wider definition of the terms 'shops' and 'commercial establishments' under Section 2 (4) and Section 2 (15) respectively of the Kerala Shops and Commercial Establishments Act 1960. This Court finds that the reasoning given in the verdict is squarely applicable to the issue mooted in this writ petition as well and it stands covered against the petitioner. In the said circumstances, interference is declined and the original petition is dismissed. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd