The Secretary, A.K.G. Memorial Labour Contract Society Limited vs. Indian Railways
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNE AY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942 WP(C).No.20113 OF 2020(L) PETITIONER: THE SECRETARY, A.K.G. MEMORIAL LABOUR CONTRACT SOCIETY LIMITED, P.B. NO.15, 145/16B, FORT ROAD, THALASSERY-670 001. BY ADVS. SRI.K.MOHANAKANNAN SRI.H.PRAVEEN (KOTTARAKARA) RESPONDENTS: 1 INDIAN RAILWAYS, REPRESENTED BY ITS CHAIRMAN, RAIL BHAVAN, RAISINA ROAD, NEW DELHI-110 001. 2 THE CHIEF ENGINEER, (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM-682 020. 3 THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION), SOUTHERN RAILWAY, KOZHIKODE-673 001. 4 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, MANGALORE-574 142. BY ADVS. SRI.S.PRASHANTH, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20113 OF 2020 2 JUDGMENT The writ petition is filed seeking the following reliefs: “(i) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the Respondents to pay the arrears of wages to the employees provided by the Petitioner plus GST, Security deposit and EMD covered by Ext.P1 agreement and requested in Ext.P2 within a time frame to be fixed by this Hon'ble Court; (ii) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.”
The petitioner was awarded the work of providing house keeping and hospitality services of construction of camp office of Deputy Chief Engineer (Construction) office at Mangalore. Even though the contract was for a period of two years, the contract was terminated as per Ext.R2(c) letter on the ground that there was no adequate progress of the work.
WP(C).No.20113 OF 2020 3
The respondents have filed a statement stating that after executing the agreement for a period of two years, petitioner did not comply with the terms of the agreement, despite several letters issued like Exts.R2(a), R2(b) etc and thereafter Ext.R2(c) was issued on 06.02.2019 terminating his contract. It is further stated that as per clause 15.2 of the special condition of contract, the taxes, duties etc to Government are to be paid by the contractor. According to the respondents a sum of Rs.5.30 lakhs have already been paid to the contractor. It is also their case that when the contract is terminated prematurely, the calculation and finalisation of the bill would be done only after measuring the works already done by the petitioner by which the co-operation of the petitioner is necessary and therefore they are not in a position to sanction the final bill without settling the
WP(C).No.20113 OF 2020 4 account.
The learned counsel for the petitioner submits that he will co-operate with the respondents
by deputing
an authorised representative for the purpose of settling the accounts, in accordance with law as the petitioner has already crossed 70 years and it is not advisable for him to take a travel. The respondents have also stated that since the contract is terminated, the EMD would be adjusted towards the Security Deposit etc and would be forfeited as per paragraph 11.5, if contract is rescinded. As the respondents have stated that final bill can be sanctioned only with co- operation of the petitioner and petitioner has assured that a competent person would be deputed, the respondents shall take steps to finalise the bill and payment of the admitted
WP(C).No.20113 OF 2020 5 amount due to petitioner in accordance with law, within a period of one month from date on which the petitioner makes available his authorised representative. The petitioner would be free to challenge or invoke appropriate proceedings as against cancellation of the contract. Accordingly, the writ petition is disposed of. P.V.ASHA ww JUDGE
WP(C).No.20113 OF 2020 6 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE RELEVANT PAGES OF AGREEMENT WAS EXECUTED BETWEEN PETITIONER AND THE 3RD RESPONDENT ON 4.7.2018. EXHIBIT P2OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 6.7.2020. RESPONDENTS' ANNEXURES: ANNEXURE R2(A)OF THE RELEVANT PAGES (ITEM-11) OF AGREEMENT. ANNEXURE R2(B)OF THE LETTER DATED 11/12/2018 BY THE DEPUTY CHIEF ENGINEER (CONSTRUCTION). ANNEXURE R2(C)OF THE TERMINATION LETTER DATED 06/12/19.
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.