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2019 Supreme(Online)(KER) 39814

JANCY.K.F – Appellant
Versus
NATIONAL TEXTILES CORPORATION – Respondent


Advocates:
['PREMCHAND M', 'SRI V KRISHNA MENON', '', 'SMT P VIJAYAMMA', 'SMT J SURYA', 'SMT P VIJAYAMMASMT J SURYA']

Heard Mr.M.Premchand for petitioners and Mr. V. Krishna

Menon for respondent nos.2 and 3.

2.

The petitioners pray for the following reliefs:

“(i)

Declare that the petitioners are entitled to work in

between 6 a.m. to 7 p.m. in accordance with Section 66 of

the Factories Act with respondents 1 & 2.

(ii)

Direct the 1st respondent not to compel the petitioners to

work after 7 p.m. in the 2nd respondent factory in

violation of Section 66(1)(b) of the Factories Act, 1948;

(iii)

Issue a writ of mandamus to direct the respondents 1 to 3

to ensure that the emoluments of the petitioners are not

effected in any manner for not working after 7 p.m.;

(iv)

To issue such other orders, writs or directions as are

deemed fit by this Hon'ble Court;

(v)

Award cost of this proceeding to the petitioners;”

Admittedly the prelude to these prayers is Ext.P2 and the translated

copy of Ext.P2 reads thus:

“...Such employees will not get the permanent appointment

which they may get in future, promotion, side seniority etc.

Women employees who opts three shift rotation will only be

-5-

entitled for benefits and preferences.”

3.

The second and third respondents filed statement and

have explained the stand of M

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