IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30058 of 2007(C)
1. SHAIJU T.P., AGED 26 YEARS,
... Petitioner
Vs
1. THE CHIEF SECRETARY, GOVT. OF KERALA,
... Respondent
2. THE DIRECTOR OF TRAINING,
3. THE SECRETARY TO GOVT., LABOUR AND
4. THE SECRETARY, NATIONAL COUNCIL FOR
5. THE DIRECTOR GENERAL OF EMPLOYMENT
For Petitioner :SRI.SANTHARAM.P
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :22/07/2008
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 30058 of 2007
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Dated this the 22nd day of July, 2008
J U D G M E N T
The petitioner completed two year ITI course from the
Government Industrial Training Institute, Koyilandy. According to
the petitioner, on the basis of the prospectus, pursuant to which
the petitioner got admission and on the assurance made in the
provisional certificate, viz., Ext.P3, issued by the State Council for
Vocational Training, the petitioner is entitled to issue of National
Trade Certificate by the National Council for Vocational Training.
However, the petitioner has not been given National Trade
Certificate. Therefore, the petitioner has filed this writ petition
seeking the following reliefs:
“I). Call for the records with regard to the affiliations of the courses
in Govt. I.T.I. Koyilandy during the year 1999-2000 to 2000-
2001 with N.C.V.T.
II) Issue a writ of mandamus or other appropriate writ, order, or
direction commanding the respondents to issue National Trade
Certificates to the petitioner,III) Issue a writ of mandamus or other appropriate writ, order, or
direction to the respondents concerned to hold that the National
Apprenticeship Certificate (N.A.C.) issued by he [sic] N.C.V.T.
should be considered on par with National Trade Certificate
(N.T.C.).,IV) Issue an order directing the respondents to compensate the
petitioner for the laches on the side of the respondents in non-
Issuance of his National Trade Certificate.”
w.p.c.30058/07 2
2. It is not disputed before me that at the relevant time
when the petitioner underwent the course, the course was not
affiliated to the National Council. But relying on the Supreme
Court decision in Civil Appeal Nos.1541-1544 of 2008, which has
been produced as Ext.P8, and Ext.P9 judgment of this Court
rendered on the basis of that Supreme Court judgment, the
petitioner submits that he is entitled to issue of a National Trade
Certificate as the petitioner’s case is exactly similar to those
covered by those judgments. The learned Government Pleader
does not dispute the above submission made by the learned
counsel for the petitioner to the effect that Exts.P8 and P9
judgments are in cases similar to that of the petitioner. In the
above circumstances, there would be a direction to the 4th
respondent to issue a National Trade Certificate to the petitioner
in the concerned trade within a period of two months from the
date of receipt of a certified copy of this judgment.
The writ petition is disposed of as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
w.p.c.30058/07 3