Ashok Bhushan, J. :

” A Division Bench of this Court while hearing this writ petition made a reference to a Full Bench to hear the case by its reference order dated 14.07.2009. A Full Bench consisting of three Hon” ble Judges consequently heard the matter and opined that reconsideration of the Full Bench judgment in Raghavan v. Superintendent of Police [1998 (2) KLT 732 (FB)] is necessary and it is appropriate that the issue be considered by a Larger Bench. Thus by a reference order dated 01.12.2010 by three judges, this matter has been placed before this Larger Bench.

2. The brief facts of the case need to be noted first before adverting to the issues which have arisen in this reference. The petitioner, proprietrix of ' M/s.Cochin Granites” is running a business establishment and engaged in the trading of marble, granite, ceramic tiles etc. The business establishment of the petitioner is functioning in the compound of her residential house which is situated in a plot of 128 cents. The petitioner has permanent employees who had been employed for segregating and stacking of different type of marbles, granites, tiles. etc. based on their variety, design, colour etc and thei