K.K.Antony vs. The Ministry Of Labour And Employment
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2025:KER:30253 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 43915 OF 2023 PETITIONER: K.K.ANTONY, AGED 58 YEARS, S/O KURIYAKOSE ‘KALARICKAL’ KADAKARAPPALLY CHERTHALA P.O. ALAPPUZHA DISTRICT, PIN – 688529. BY ADVS. S.SHANAVAS KHAN S.INDU KALA G.NAMBIAR RESPONDENTS: 1 THE MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SHAKTI BHAWAN, RAFI MARG NEW DELHI REPRESENTED BY ITS SECRETARY, PIN – 110001. 2 WATER AND POWER CONSULTANCY SERVICES (INDIA) LTD. (WAPCOS), KAILASH, 26, KASTURBA GANDHI MARG NEW DELHI, REPRESENTED BY ITS MANAGING DIRECTOR, PIN – 110001. 3 THE GENERAL MANAGER, WATER AND POWER CONSULTANCY SERVICES (INDIA) LTD. 76C, SECTOR 18, GURGAON HARYANA, PIN – 122015. 4 THE PROJECT OFFICER, WAPCOS COCHIN SPECIAL ECONOMIC ZONE, PROJECT OFFICE CSEZ ADMINISTRATIVE BUILDING KAKKANAD, KOCHI, PIN – 682037. 5 ADDL.R5. THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION (ESIC),
W.P.(C)No.43915 of 2023 2 2025:KER:30253 REGIONAL OFFICE, PANCHDEEP BHAVAN, NORTH SWARAJ ROUND, THRISSUR - 680020 (IS IMPLEADED AS PER ORDER DATED 29-02-2024 IN IA 1/2024 IN WPC). BY ADVS. THANKAPPAN M K T.V.AJAYAKUMAR RAJAN E. A.(K/001945/2023) SHAJI A.K.(K/001960/2023) RIMJU P.H.(K/504/2014) JOTHIS CHACKO(K/700/2016) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.43915 of 2023 3 2025:KER:30253 JUDGMENT The petitioner, a Contractor was engaged by the 2nd respondent herein for execution of certain contracts. It is the case of the petitioner that the work allotted pursuant to Exts.P1 and P4 have been completed by him on time and even thereafter, the payments due to the petitioner against the completed contracts are not being paid by the awarder – the 2nd respondent herein.
I have heard Sri.S.Shanavas Khan, the learned counsel for the petitioner as well as Sri.M.K.Thankappan, the learned Standing Counsel for the 2nd to 4th respondents.
The 2nd and 3rd respondents have filed an additional counter affidavit dated 04.01.2025 pointing out that an amount of Rs.24,25,799/- requires to be satisfied to the petitioner. On the face of the afore, Sri.Thankappan, the learned counsel for the 2nd and 3rd respondents would submit, with reference to subsequent instructions received, that the petitioner would be entitled only for Rs.18,36,152/- and the balance being GST/Security Deposit would be released only subsequently.
W.P.(C)No.43915 of 2023 4 2025:KER:30253
The fact that the work in question is completed is not in dispute. When that be so, the petitioner is justified in seeking for directions to the awarder to disburse the balance payments due to it.
In such circumstances, the 2nd and 3rd respondents to satisfy the amount admitted by them as pointed before this Court, as expeditiously as possible, at any rate, within a period of two weeks from today.
As regards the balance portion, I am of the opinion that, it is for the petitioner to file an representation with the 2nd and 3rd respondents, pointing out the entitlement for the receipt of the balance. Therefore, the petitioner to file a representation as above, within a period of three weeks from today, in which event, the 2nd and 3rd respondents to consider the same, within a further period of three weeks thereafter. Resultantly, this writ petition would stand disposed of as above. HARISANKAR V. MENON JUDGE ANA
W.P.(C)No.43915 of 2023 5 2025:KER:30253 APPENDIX OF WP(C) 43915/2023 PETITIONER EXHIBITS Exhibit P1OF THE WORK ORDER DATED 23/11/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P2OF THE AGREEMENT DATED 12/12/2022 ENTERED INTO BETWEEN THE PETITIONER AND THE 3RD RESPONDENT Exhibit P3OF THE WORK ORDER DATED 29/08/2022 ISSUED BY THE 3RD RESPONDENT Exhibit P4OF THE RELEVANT PAGE OF THE AGREEMENT DATED 29/08/2022 Exhibit P5OF THE 3RD PART BILL DATED 22/06/2023 FOR RS.31,37,249.81/- SUBMITTED BY THE PETITIONER Exhibit P6OF THE 4TH PART BILL DATED 06/07/2023 FOR RS.25,50,595.53/- SUBMITTED BY THE PETITIONER Exhibit P7OF THE 5TH AND PART BILL DATED 25/08/2023 FOR RS.1,59,866.50/- SUBMITTED BY THE PETITIONER Exhibit P8OF THE FINAL BILL DATED 25/08/2023 FOR RS.1,37,117.47/-SUBMITTED BY THE PETITIONER Exhibit P9OF THE FINAL BILL DATED 22/06/2023 FOR RS.3,87,960.94/- SUBMITTED BY THE PETITIONER RESPONDENT EXHIBITS EXHIBIT- R1(a)of the relevant portions of instructions to agency EXHIBIT- R1(b)of the email letter dated 11.4.22 sent to the 5th respondent by the 3rd respondent
W.P.(C)No.43915 of 2023 6 2025:KER:30253 EXHIBIT- R1(c)of the letter dated 22.11.2022 issued by the Cheif Executive Director of the 2nd respondent EXHIBIT- R1(d)of the Minutes of the meeting, the record of discussions with M/s. WAPCOS regarding ARM and SR works in KERALA region held on 2.11.23 EXHIBIT- R1(e)of the above e-mail dated 25.1.24, by the Property Management of the Division of ESIC, Regional Office, Thrissur Exhibit R3 (a)of the relevant page No. 22 of the General Conditions to contract Exhibit R3(b)of the Letter dated 28-02-2023 Exhibit R3(c)of the MOU dated 16-02-2023 and Utilization Certificates issued to the Regional Director, ESI Corporation, Thrissur Exhibit R3(d)of the details of payment received from 5th respondent ESIC and given by WAPCOS Exhibit R3(e)of the Email dated 03-07-2024 Exhibit R3(f)of the letter dated 22-10-2024 Exhibit R3 (g)of the letter dated 26-11-2024
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.