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2021 Supreme(Online)(KER) 27577
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942 WP(C).No.2206 OF 2021(A)
PETITIONER:
JOJO.K.J AGED 43 YEARS S/O.JOSE K.J., KUZHIKATTUMYALIL, PANNOOR P.O., KARIMANNUR, THODUPUZHA, IDUKKI DISTRICT.
BY ADVS.
SHRI.T.J.MICHAEL SRI.R.KRISHNAKUMAR (CHERTHALA)
SMT.TINY THOMAS RESPONDENTS:
1 STATE OF KERALA REP. BY ITS SECRETARY TO THE GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF TRAINING, INDUSTRIAL TRAINING DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
3 THE SECRETARY, STATE COUNCIL FOR VOCATIONAL TRAINING, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.
4 THE DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING (DGET), MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SAKTHI BHAVAN, RAFI MARG, NEW DELHI-110001.
5 THE SECRETARY, NATIONAL COUNCIL FOR VOCATIONAL TRAINING, SHRAM SAKTHI BHAVAN, RAFI MARG, NEW DELHI-110001.
ASGI.SRI.P.VIJAYAKUMAR,SMT.VINITHA.B,GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['T J MICHAEL', '', 'SRI R KRISHNAKUMAR CHERTHALA', 'SMT TINY THOMAS']
JUDGMENT
Dated this the 28th day of January 2021 The petitioner passed ITC examination in the trade of Mechanic (Motor Vehicle) undergoing the course from St. George Private Industrial Training Institute, Njarakutty, Thodupuzha as evident from Ext.P1 Course Certificate. It is stated that he passed the trade test in the trade of Mechanic (Motor Vehicle) during February/March, 2003 and Ext.P5, Provisional National Trade Certificate was issued by the SCVT (State Council for Vocational Training) on 09.06.2005. The writ petition is filed aggrieved by the denial of National Trade Certificate, despite repeated representations like Ext.P6 and P7 etc. The petitioner points out that the cases of similarly situated persons were considered by this Court in Ext.P8 and P9 judgments in W.P(C)No.26727 of 2012 dated 23.10.2013, W.P. (C)No.7455 of 2019 dated 12.04.2019 etc., and taking note of the judgment of the apex court in Civil Appeal Nos.1541–1544 of 2008, directions were issued to grant National Trade Certificate to the petitioners in those writ petitions. It is pointed out that the petitioner herein is also similarly situated like petitioners before the apex court as well as this Court in Ext.P8 and P9 judgments.
Heard the learned Counsel for the petitioner, learned Government Pleader as well as learned ASGI appearing for respondent Nos. 4 and 5.
In view of the judgment of the apex court, in the Civil Appeal Nos.1541-1544 of 2008 as well as Ext.P8 and P9 judgments of this Court, this writ petition is also allowed directing the second respondent to recommend the Secretary, NCVT (National Council for Vocational Training), New Delhi (fifth respondent) to issue National Trade Certificate to the petitioner at the earliest and there shall be a further direction to the third respondent to issue such certificate based on the said recommendation within a period of three months from the date of receipt of a copy of this judgment.
P.V.ASHA JUDGE
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE COURSE CERTIFICATE ISSUED BY THE ST.GEORGE PRIVATE INDUSTRIAL TRAINING INSTITUTE, NJARUKUTTY, MUTHALAKODAM, THODUPUZHA BEING SL.NO.406 DATED 15.01.2021.
EXHIBIT P2 A TRUE COPY OF THE COMMUNICATIONS, LETTER NO.DGET-18012/3/2001-TTC PT DATED
19.12.2001 ISSUED BY THE JOINT DIRECTOR OF TRAINING, NEW DELHI.
EXHIBIT P3 A TRUE COPY OF DO NO.DGET-18012/3/2001-
TTC(PT) DATED 19.12.2001 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE ADMISSION TICKET ISSUED BY THE PRINCIPAL, ST.GEORGE PRIVATE INDUSTRIAL TRAINING INSTITUTE, NJARUKUTTY, MUTHALAKODAM, THODUPUZHA DATED 11.02.2003.
EXHIBIT P5 A TRUE COPY OF THE PROVISIONAL NATIONAL TRADE CERTIFICATE ISSUED BY THE 3RD RESPONDENT BEARING NO.098161 DATED
09.06.2005.
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 21.03.2007.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.08.2020.
EXHIBIT P8 A TRUE COPY OF THE JUDGMENTS DATED
23.10.2013 IN WP(C)NO.26727/2012 OF THIS HON'BLE COURT.
EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED
12.04.2019 IN WP(C)NO.7455/2019 OF THIS HON'BLE COURT.
