The Secretary vs. Indian Railways

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA TUE AY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942 WP(C).NO.21033 OF 2020(D) PETITIONER: THE SECRETARY, A.K.G MEMORIAL LABOUR CONTRACT SOCIETY LTD, P.B.NO.15,145/16B, FORT ROAD, THALASSERY-670 001 BY ADVS. SRI.K.MOHANAKANNAN SMT.T.V.NEEMA RESPONDENTS: 1 INDIAN RAILWAYS REPRESENTED BY ITS CHAIRMAN, RAIL BHAVAN, RAISINA ROAD, NEW DELHI-110 001 2 THE DIVISIONAL RAILWAY MANAGER (WORKS) SOUTHERN RAILWAY, DIVISION OFFICE, PALAKKAD-678 001 3 THE SENIOR INTELLIGENCE OFFICE, DIRECTORATE GENERAL OF GOODS AND SERVICES TAX INTELLIGENCE, KOCHI ZONAL UNIT-682 018 BY SRI.S.PRASHANTH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO.21033 OF 2020(D) 2 J U D G M E N T Writ petition is filed complaining that respondents are not making payment even for the payment of wages to the workers engaged by the contractor. Petitioner had entered into two agreements with the respondents. First agreement was for providing house keeping and hospitality services for general maintenance and upkeeping of Officer's rest house and supervisors rest house at Mangalore Central for which Ext.P1 work order was issued on 07.06.2018. Based on the second agreement Ext.P2 work order was issued on 18.11.2019 for providing infrastructure maintenance staff for the Palakkad General Maintenance and Upkeeping of Multi Disciplinary Training Centre. It is stated that petitioner has completed the work satisfactorily and despite his representation payment was not being made.

WP(C).NO.21033 OF 2020(D) 3 filed a statement on behalf of the respondents stating that a sum of Rs.2,51,506/- has already been passed for payment to the petitioner on first and part bill dated 29.01.2019, on 20.02.2019 and second and part bill dated 15.07.2019 was passed on 14.08.2019 for Rs.2,31,780/- and yet another bill dated 21.01.2020 was also passed for a sum of Rs.3,00,821/-. It is stated that since the GST number of the petitioner is inactive, payment could not be made. It is pointed out that as per Ann.R2(a) it is necessary to have an active GST number for making payment. It is also stated that with respect to the second work order a sum of Rs.5,09,166/- has already been passed against bill dated 12.07.2019 and that another part bill is pending for a sum of Rs.2,49,862/-, since the petitioner has not turned up for signing the bill and measurement book.

Therefore petitioner would be free to get the GST in his name activated and approach the respondents to get the benefit. Petitioner shall also rectify the

WP(C).NO.21033 OF 2020(D) 4 defects in the bill. The respondents shall therefore take necessary steps for payment of all the amount due to the petitioner including the earnest money deposit as well as security deposit to the petitioner at the earliest, immediately after the production of all the requite details by the petitioner in accordance with law. The writ petition is disposed of accordingly. P.V.ASHA, JUDGE AS

WP(C).NO.21033 OF 2020(D) 5 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE WORK ORDER DATED 7.6.2018 WITH ANNEXURES OF THE 2ND RESPONDENT EXHIBIT P2OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 18.11.2019 EXHIBIT P3OF THE REPRESENTATION DATED 25.8.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENTS EXHIBITS: ANN.R2(A)OF THE ITEM NO.22. 4. OF SPECIAL CONDITIONS OF CONTRACT (RELEVANT PORTION)