Kohinoor Saw Mill Company, Ltd. vs Tahsildar, Cannanore Taluk and Others

Velu Pillai, J.—This petition is to quash a notice of demand made by the tahsildar of Cannanore, in pursuance of a certificate issued by the District Labour Officer u/s 330 of the Industrial Disputes Act, 1947, which may be referred to as the Act. The point taken on behalf of the petitioner was, that there had not been a prior decision u/s 25A(2) of the Act, that the industrial establishment concerned is of a seasonal character or Is one where work is performed only intermittently. This question having been raised, the need for an adjudication upon it was conceded by the learned Government Pleader, who appeared for the respondents. Under Rule 75(a) of the Kerala Industrial Disputes Rules, 1957, the employer or the workman, or the representative of the employer or the workman, may submit to Government a petition praying for a decision by the Government on this question. It is for the petitioner or the concerned workman to take necessary action under Rule 75(a). No other point was raised. There having been no decision of the Issue u/s 25A(2) of the Act, the notice of demand, Ex. A, issued to the petitioner is hereby quashed, and this petition is allowed, but without costs.