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2007 Supreme(Ker) 743

S.SIRI JAGAN
Muthoot Pappachan Consultancy And Management Services – Appellant
Versus
Labour Commissioner – Respondent


JUDGMENT

S. Siri Jagan, J.

1. The petitioner is a firm engaged in the business of professional consultancy and man-power and management services. The petitioner submitted draft standing orders for certification under Section 3 of the Industrial Employment (Standing Orders) Act, 1946 before the jurisdictional Deputy Labour Commissioner, who has been notified as the certifying officer under the Act. The same was certified in accordance with the procedure prescribed under Section 5 of the Act after conducting necessary enquiry and adjudication. Such certification was on May 28, 1998. The Act itself provides for an appeal either by the management or by the workmen if they are aggrieved by any clause in the Standing Orders as certified. None of the parties involved filed appeal against the Standing Orders of the petitioner firm as certified and the same became final. One-and-a-half years after the certification, by Exhibit P-2 notice, purportedly issued under Section 6 of the Industrial Employment (Standing Orders), Act read with Rule 10A of the Kerala Industrial Employment (Standing Orders) Rules, 1958, the respondent directed the petitioner to show cause why the certification should not














































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