IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 RP.No. 59 of 2008(W) -------------------- AGAINST THE JUDGEMENT IN WPC.3974/2007 Dated 06/12/2007 .................... PETITIONER (PETITIONER) ---------------------------------------- NOORUL ISLAM EDUCATIONAL TRUST, NICE GARDEN, ARALUMMOODU P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN-695 123, REPRESENTED BY ITS CHAIRMAN A.P.MAJEED KHAN. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: (RESPONDENTS) -------------------------- 1. THE ASSISTANT LABOUR OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.T.B.HOOD. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.BALAKRISHNAN NAIR & A.K.BASHEER, JJ. ----------------------------------------- R.P. NO.59/2008 IN W.P.(C) NO. 3974 OF 2007-W ----------------------------------------- Dated 29th February, 2008. ORDER Balakrishnan Nair, J. Heard. The learned counsel for the review petitioner submitted that this Court did not consider or rather pronounce upon the claim of the review petitioner regarding the exemption from the provisions of the Kerala Shops and Commercial Establishments Act, 1960, available to it by virtue of the notification issued by the State Government under Section 5 of the said Act. As long as the notification under Section 5 remains in force, the petitioner is entitled to get exemption from the operation of those provisions of the Act covered by the notification. Since there was no dispute from any side on that point, we did not specifically deal with the said aspect. We notice that the Government have issued a notification dated 4.10.2007, modifying the notification issued under Section 5 of the Act by it earlier. If any action is taken against the petitioner for the violation of the provisions of the Kerala 2 Shops and Commercial Establishments Act, it can resist that action, if there is any exemption notification available in that regard. With the above observation, the Review Petition is closed. K.BALAKRISHNAN NAIR, JUDGE. A.K.BASHEER, JUDGE. Nm/