Blackcats Placement Security Services vs. Union Territory Of J And K And Ors. (Health And Medical Education / Skims)

Held

The Court held that the matter could be disposed of at the threshold stage by issuing appropriate directions without prejudicing the rights of the respondents. The Court directed the respondents to consider the release of the outstanding amount due to the petitioner for the supply of manpower for security services and payable on account of the revision of minimum wages as per SO 513 dated 12.10.2022. This direction was to be complied with within a period of eight weeks. The Court did not delve into the specifics of the GST liability or the exact contractual terms but focused on directing the consideration of the admitted dues. No issue was expressly left undecided, but the operative part was a direction for consideration rather than an outright order for payment.

Facts

The petitioner, Blackcats Placement Security Services, a registered security services provider, filed a writ petition seeking a direction for the respondents to release an admitted liability of Rs. 93,61,809/- (basic claim of Rs. 71,77,188/- plus GST of Rs. 21,84,621/-). This amount is due for security services provided to the respondent Institute from March 2023 to October 2024, payable on account of revised minimum wages as per SO 513 dated 12-10-2022. The petitioner contended that despite repeated representations, the respondents have withheld the payment without justification. The petitioner argued that the documents on record clearly demonstrate the admitted liability of the respondents.

Key Issues

1. Whether the respondents are liable to release the outstanding amount of Rs. 93,61,809/- (including GST) to the petitioner for security services rendered and revised minimum wages, as per the petitioner's claim and supporting documents, under the relevant contractual and statutory provisions governing payment for services? Petitioner's Contention: The petitioner argued that the documents annexed to the petition clearly establish the respondents' admitted liability for the claimed amount, including GST, and that the respondents have failed to liquidate this admitted liability without reasonable justification, necessitating judicial intervention. Respondents' Contention: The judgment records no specific arguments or contentions from the respondents, as none were present or represented during the hearing.