Biju.U vs. Bharath Sanchar Nigam LTD - Kerala High Court, 20 September 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941 WP(C).No.22897 OF 2019(J) PETITIONER: BIJU.U AGED 40 YEARS 50/837, PULIYARATHOPPU VEEDU, KALADY, THIRUVANANTHAPURAM - 695 002. BY ADVS. SRI.RAGHUL SUDHEESH SMT.J.LAKSHMI RESPONDENT/S: 1 BHARATH SANCHAR NIGAM LTD BHARATH SANCHAR BHAVAN, HAREESH CHANDRA MATHUR LANE, JANPATH, NEW DELHI - 110 001. REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2 THE CHIEF GENERAL MANAGER BSNL KERALA CIRCLE, PMG JUNCTION, VIKAS BHAVAN P. O., THIRUVANANTHAPURAM - 695 033. 3 THE CHIEF GENERAL MANAGER SOUTHERN TELECOM PROJECT, BSNL, BSNL BHAVAN, 25 GREEVACE LANE, RAJA ANNAMALAIPURAM, CHENNAI, TAMILNADU - 600028. 4 THE DEPUTY GERNAL MANAGER SOUTHERN TELECOM PROJECT, C.T.S.D. COMPLEX, GANDHINAGAR, ERNAKULAM - 682 020. 5 STATE TAX OFFICER WORKS CONTRACT - THIRUVANANTHAPURAM, OFFICE OF THE ASSISTANT COMMISSIONER OF STATE TAX, WORKS CONTRACT - THIRUVANANTHAPURAM, 2ND FLOOR, TAX TOWER, KILLI PALAM, KARAMANA P. O., THIRUVANANTHAPURAM -695 002. R1-4 BY SRI.MATHEWS K.PHILIP,SC, BSNL SRI.B.VINOD,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.22897 OF 2019(J) 2 JUDGMENT Petitioner was a Contractor engaged by the BSNL, Thiruvananthapuram as well as Chennai. The grievance of the petitioner is that, in spite of completion of the work, the amounts are not paid to the petitioner. It is thus seeking appropriate directions, this writ petition is filed.

I have heard learned Counsel for the petitioner, learned Government Pleader as well as the learned Standing Counsel appearing for the BSNL and perused the pleadings and documents on record.

Learned Counsel for the petitioner reiterated the contentions raised in this writ petition and submitted that petitioner had to approach this Court, since in spite of earnest efforts made by the petitioner, BSNL was not prepared to release the bill amounts to the petitioner. Learned Standing Counsel for the BSNL submitted that so far as Ext.P5 representation

WP(C).No.22897 OF 2019(J) 3 submitted by the petitioner is concerned, it is only before the 2nd respondent and he has no power to release the bill amounts for the work undertaken by the petitioner for the Chennai unit. It is also pointed out that issue with respect to GST is also remaining and therefore, petitioner is entitled to get only the reliefs, which are required to be released by the 3rd respondent.

Having considered the rival contentions made across the Bar, I am of the considered opinion that the 2nd respondent can be directed to consider Ext.P5 to the extent, he is empowered and then take a decision within a time frame. Therefore, this writ petition is disposed of, directing the 2nd respondent to consider Ext.P5 confining to his limits and juri iction as far as the work carried out by the petitioner is concerned and also taking into account the GST issues remaining to be considered, at the earliest and at any rate within two months from the date of receipt of a copy of this judgment. I make it clear that, if the petitioner is entitled to get amounts, it shall be released to the petitioner without any further delay. I also make it clear that the issues raised by the petitioner with

WP(C).No.22897 OF 2019(J) 4 respect to the bills pending consideration before the Chennai unit are all left open. The writ petition is disposed of accordingly. SHAJI P.CHALY JUDGE Jm/

WP(C).No.22897 OF 2019(J) 5 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE AGREEMENT BETWEEN THE PETITIONER AND THE CHAIRMAN AND MANAGING DIRECTOR BSNL FOR WORKS IN KOLLAM SSA DATED 31.07.2017. EXHIBIT P2OF THE AGREEMENT BETWEEN THE PETITIONER AND THE CHAIRMAN AND MANAGING DIRECTOR BSNL FOR WORKS IN SECTION NO.ETP 02/16, KUMARAKAM T/E TO BUND ROAD JN. DATED 17.08.2017. EXHIBIT P3OF THE AGREEMENT BETWEEN THE PETITIONER AND THE CHAIRMAN AND MANAGING DIRECTOR, BSNL FOR WORKS IN ALLEPPEY SSA DATED 13.09.2017. EXHIBIT P4OF THE AGREEMENT BETWEEN THE PETITIONER AND THE CHAIRMAN AND MANAGING DIRECTOR BSNL FOR WORKS IN SECTION NO.ETP 04/16, BUND ROAD JN.TO VAIKOM TELE EXGE. DATED 10.05.2018. EXHIBIT P5OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P6OF THE NEWS REPORT THAT WAS PUBLISHED IN THE HINDU NEWSPAPER'S THIRUVANANTHAPURAM EDITION DATED 06.05.2019. EXHIBIT P7OF THE TABLE CONTAINING DETAILS OF BILLS DUE TO THE PETITIONER. EXHIBIT P8OF THE INVOICE NO.1 DATED 27.05.2019. EXHIBIT P9OF THE INVOICE NO.14 DATED 13.07.2019. EXHIBIT P10OF THE INVOICE NO.15 DATED 13.07.2019.