STRUCTURAL SOFTECH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a firm engaged in the business of information technology. THEy are running a consultancy service in respect of computer software. THEy are aggrieved by Ext.P4 show cause notice issued to them by the 3rd respondent holding that the petitioner's firm is covered under the Kerala Shops and Commercial Establishments Act, 1960, Minimum Wages Act, 1948 and Maternity Benefit Act, 1961 and directing them to show cause why the petitioner should not be prosecuted for non- compliance with the provisions of said laws. THE contention of the petitioner in the writ petition is that, the petitioner is not a shop or commercial establishment as defined in the Kerala Shops and Commercial Establishments Act, 1960 and therefore the provisions of the Act are not applicable to them and consequently the provisions of the Minimum Wages Act, 1948 and the Maternity Benefit Act, 1961 are also not applicable.

(2.) A counter affidavit has been filed wherein the respondents 2 & 3 would take the contention that the petitioner does come within the purview of the Act and therefore they are liable to comply with the statutory provisions under the said legislations.