The writ petition was filed by the first respondent herein claiming consideration of appeal before the 2nd respondent. The 2nd respondent declined to consider the same contending that the 2nd respondent does not have jurisdiction to entertain or consider the appeal. This Court after looking at the Maternity Benefit Act, 1961 and as also the rules framed, being Kerala Maternity Benefit Rules, 1964, more specifically Rule 2(b) found that it is the 2nd respondent itself who has to consider the appeal; for the further 'reason' of a notification, SRO 549/2004 under the Factories Act, wherein the 2nd respondent has been notified as deemed to be acting in the capacity of Chief Inspector. 2. However, now, Annexure AI, notification RP No.363/2014 ::2::
of the Labour Department being G.O.(MS) No.46/73/LBR dated 06.08.1973 is placed before me, wherein the rule is said to have been amended notifying the Deputy Labour Commissioner, having jurisdiction over the local area, as the appellate authority for all other establishments other than plantation or factories. In view of the amendment brought to clause (b) of Rule 2, necessarily the appeal had to be considered by the Deputy Labour Commissioner, Ernakulam,who has jurisdiction over the area in which the petitioners office is situated.
3. For the purpose of issuing directions, the Deputy Labour Commissioner, Civil Station, Kakkanad, Ernakulam is suo motu impleaded herein. The Registry to carry out the impleadment before issuing the certified copy of this order. The additional respondent impleaded, shall consider the appeal and pass orders thereon. The 2nd respondent RP No.363/2014 ::3::
shall forward the appeal within a period of two weeks from the date of receipt of a copy of this judgment. Additional respondent suo motu impleaded, shall consider the appeal, within a month of receipt of the appeal from the 2nd respondent. The parties shall appear before the additional respondent, suo motu impleaded, herein on 30.06.2014.
Review Petition allowed.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge