2025:KER:29875 WP(C) No.13493 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN MONDAY, THE 7 TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 13493 OF 2025 PETITIONER: THE KERALA STATE FINANCIAL ENTERPRISES LTD BHADRATHA, MUSEUM ROAD, PB NO. 510 THRISSUR, KERALA REPRESENTED BY ITS LIAISON OFFICER (LEGAL), PIN - 680020 BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN JAI MOHAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF PLANNING AND ECONOMIC AFFAIRS ANNEXE BUILDING, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695001 2 CERTIFYING OFFICER UNDER THE INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT 1946 DEPUTY LABOUR COMMISSIONER LABOUR COMMISSIONERATE, THOZHIL BHAVAN THIRUVANANTHAPURAM, KERALA, PIN - 695033 BY SMT.RESMI THOMAS, GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29875 WP(C) No.13493 of 2025 2 JUDGMENT Pursuant to the observation of the Division Bench of this Court in Kerala State Financial Enterprises Ltd. (KSFE) v. Mathai A. [ILR 2022 (4) Ker. 759=2022 KHC 888], the petitioner-KSFE submitted Ext.P3 application under Section 10(2) of the Industrial Employment (Standing Orders) Act, 1946, for modification of its Certified Standing Order on 03.04.2023 before the 2 nd respondent Deputy Labour Commissioner. 2. On receipt of Ext.P3, the 2 nd respondent sought for comments from the concerned trade unions. A meeting of the trade unions was also convened on 03.10.2023. However, it is contended that no further action has been taken by the 2 nd respondent on Ext.P3. Accordingly, the petitioner has filed this writ petition for the following relief: (i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2 nd respondent to take a decision on Ext.P3 application dated 03.04.2023 submitted by the petitioner under Section 10(2) of the Industrial Employment (Standing Orders) Act 1946 for 2025:KER:29875 WP(C) No.13493 of 2025 3 amending/modifying its Standing Orders and allow the amendment of the Standing Orders from the date of submission of Ext.P3 application, within a time frame stipulated by this Hon’ble Court. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. Smt.Resmi Thomas, the learned Government Pleader submits that Ext.P3 application is pending consideration before the 2 nd respondent and the 2 nd respondent has called for details pertaining to clause 38(1), (2) and (3) of the proposed amendment. In the facts and circumstances of the case, there will be a direction to the 2 nd respondent to consider Ext.P3 application for amendment of the Standing Orders as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. With the said direction, this writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE smp 2025:KER:29875 WP(C) No.13493 of 2025 4 APPENDIX OF WP(C) 13493/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT OF THE HON’BLE DIVISION BENCH OF THIS HON’BLE COURT DATED 26.10.2022 IN W.A.NO. 1256 OF 2022 AND CONNECTED CASES KERALA STATE FINANCIAL ENTERPRISES LTD. V. MATHAI AND OTHER CONNECTED CASES, REPORTED AT 2022 SCC ONLINE KER 5739 Exhibit P1(a) TRUE COPY OF THE ORDER DATED 21.03.1974 OF THE DY. SECRETARY, TAXES DEPARTMENT, GOVT. OF KERALA APPROVING THE STANDING ORDERS OF THE COMPANY ALONG WITH THE PETITIONER’S STANDING ORDERS Exhibit P2 TRUE COPY OF THE ORDER DATED 17.11.2022 BEARING NO. GO (MS) NO. 26/2022/P&EA ISSUED BY THE PRINCIPAL SECRETARY DEPARTMENT OF PLANNING AND ECONOMIC AFFAIRS, GOVT. OF KERALA ALONG WITH ITS ENGLISH TRANSLATION Exhibit P3 TRUE COPY OF THE APPLICATION UNDER SECTION 10(2) OF THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT 1946 FOR MODIFICATION OF ITS CERTIFIED STANDING ORDERS ON 03.04.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (ALONG WITH THE STATEMENT GIVING PARTICULARS AS PRESCRIBED IN RULE 5) Exhibit P4 TRUE COPY OF THE LETTER DATED 07.09.2023 ISSUED BY THE KERALA STATE FINANCIAL ENTERPRISES STAFF ASSOCIATION (CITU) TO THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF NOTICE DATED 23.09.2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER AND UNIONS 2025:KER:29875 WP(C) No.13493 of 2025 5 Exhibit P6 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 03.10.2023 PRESIDED OVER BY DY. LABOUR COMMISSIONER REGARDING THE AMENDMENT OF THE PETITIONER’S STANDING ORDERS Exhibit P7 TRUE COPY OF THE NOTICE DATED 13.11.2024 BEARING REF. NO. 4376/ADMN, ISSUED BY THE PETITIONER TO THE UNIONS/ ASSOCIATIONS Exhibit P8 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 27.11.2024 IN THE HEAD OFFICE UNDER THE CHAIRMANSHIP OF THE MANAGING DIRECTOR OF THE PETITIONER REGARDING THE PROPOSED AMENDMENTS TO THE STANDING ORDERS Exhibit P9 TRUE COPY OF THE LETTER DATED 12.12.2024 SEND BY THE MANAGING DIRECTOR OF THE PETITIONER COMPANY TO THE 2ND RESPONDENT