NAVANIRMAN PUBLIC SCHOOL Vs. DISTRICT EMPLOYMENT OFFICER

JUDGEMENT

(1.) Petitioner is the Nava Nirman Public School, which is managed by the Nava Nirman Education and Welfare Society and is affiliated to the Central Board of Secondary Education, New Delhi. The issue canvassed in this writ petition is regarding the applicability of the provisions of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (for short, 'the CNV Act, 1959') to the petitioner school, which is a private educational institution. The issue arose when the District Employment Officer, Ernakulam issued Exhibit P1 notice informing the petitioner about the impending visit of the Employment Officer to the school and required the petitioner to make available all relevant records such as attendance register, acquittance roll and files pertaining to appointments, rendition of ER-I/ER-II returns etc. for the period from 30.9.2009 to 30.6.2010.

(2.) According to the petitioner, the provisions of the CNV Act, 1959 would apply to establishments in the private sector only if the provisions are made applicable by publication of notification by the appropriate Government in the official gazette specifying the date from which the provision is made applicable. It is contended that no notification having been published in the official gazette, the proposed inspection and compulsion to furnish details as required by the Inspector are without authority. The petitioner therefore prays for the issue of a writ of certiorari quashing Exhibit P1 and for a declaration that provisions of Sections 4, 5 and 6 of the CNV Act, 1959 have no application to the petitioner institution.

(3.) The official respondents would contend that, the Government of Kerala had, vide G.O(MS).No.363/60/HLD and G.O(MS).No.363(A)60/HLD dated 28.5.1960 notified all establishments in the private sector employing more than 25 persons to be establishments coming under the purview of Sections 4(2) and 5(2) of the CNV Act, 1959. The notification is produced as Exhibit R2(a). It is contended that inasmuch as the petitioner school is employing more than 25 persons, it is an establishment in the private sector to which the provisions of the CNV Act, 1959 are applicable.