M. R. Hariharan Nair, J. :-

Will a school affiliated to the Central Board of Secondary Education come under the definition of 'Shop' or 'Commercial Establishment' ? This is the question arising for decision in this case.

Based on an NOC issued by the Government of Kerala and after getting due affiliation from the Central Board of Secondary Education, the petitioner Trust has been running the Sree Narayana Vidhya Bhavan, Chentrapinny. The petitioner Trust was served with Ext. P4 notice by the Assistant Labour Officer, Kodungallur, asking it to show cause why prosecution steps should not be taken for violation of the provisions of the Shops and Commercial Establishments Act and the provisions of the Minimum Wages Act. The explanation given by the petitioner to the said Officer did not satisfy him. The matter was pursued with Ext. P6 letter reminding the petitioner of the need to take immediate steps to get registration of its office under the Shops and Commercial Establishments Act and threatening legal steps under S. 29 of the Act and R. 14 of the Rules as also under S. 22A of the Minimum Wages Act. It is challenging these demands that the petitioner has approached this Co