M C JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER in this original petition challenges the validity of Ext. P6 notification issued under Section 5 of the Kerala Shops and Commercial Establishments Act and also the order passed by the Government evidenced by Ext. P7 refusing to make a reference of dispute to the Industrial Tribunal for adjudication. According to the petitioner, both these orders are illegal and liable to be intefered with by this Court in this proceedings under Article 226 of the Constitution of India.

(2.) I heard the learned counsel for the petitioner. Even though notice was served on the respondents, no counter affidavit has been filed controverting any of the allegations made by the petitioner in this O. P.

(3.) REGARDING the validity of Ext. P6 notification, this Court in its decision in W. A. No. 705/94, it is held that the said notification is perfectly legal and valid, and therefore the petitioner has no legal right to question the validity of the said notification.