This writ petition sought a declaration and mandatory order for the petitioner's engagement as a petty contractor. The Court disposed of the petition by directing the additional 6th respondent to consider a complaint within two months after giving a hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 5TH DAY OF NOVEMBER 2013/14TH KARTHIKA, 1935
WP(C).No. 20895 of 2012 (J) ----------------------------
PETITIONER :
----------ALEXANDER GEORGE, S/O. G.GEORGE PERMANENTLY RESIDING AT ELLUVILA HOUSE, ELAMPAL POST, PUNALUR, KOLLAM DISTRICT.
BY ADV. SRI.P.KURUVILLA JACOB
RESPONDENTS :
-----------
1. THE CHIEF GENERAL MANAGER BHARATH SANCHAR NIGAM LTD., KERALA CIRCLE THIRUVANANTHAPURAM-695 001.
2. THE ADDITIONAL GENERAL MANAGER (PLANNING) BHARATH SANCHAR NIGAM LTD., TELECOM DISTRICT KOLLAM-691 322.
3. THE GENERAL MANAGER
4. THE SUB DIVISIONAL ENGINEER
ADDL.R5 IMPLEADED :
5. THE SUB DIVISIONAL ENGINEER
ADDL.R6 IMPLEADED :
6. THE ASSISTANT LABOUR COMMISSIONER (CENTRAL) KAKKANAD, ERNAKULAM.ADDL. R6 IS IMPLEADED AS PER ORDER DATED 12/04/2013 IN IA 5653/2013.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
WP(C).No. 20895 of 2012 (J)
APPENDIX
PETITIONER(S) EXHIBITS
RESPONDENTS' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
P.R. RAMACHANDRA MENON, J.
========================
W.P.(C). No. 20895 of 2012
-------------------------------------------Dated this the 5th day of November, 2013
JUDGMENT
The petitioner has approached this Court with the following
prayers:
“i. To declare that respondents are legally obligated to implement the conditions and assurances recorded in Ext.P2 agreement in its letter and spirit and that petitioner is fully eligible to get engaged as petty contractor under 4th respondent for the available cable maintenance works of B.S.N.L at Kunnicode.
ii. To issue a writ of mandamus or any other appropriate writ order or direction to respondents, directing them to engage petitioner as a petty contractor forthwith, to execute the available cable maintenance works of B.S.N.L at Kunnicode within the jurisdiction of 4th respondent, in compliance with the conditions and assurances recorded in Ext.P2 agreement.”
W.P.C. No.20895 of 2012 -2-
petitioner submits that, the only relief now pressed before this Court is to cause the same to be considered and finalized within a reasonable time.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the additional 6th respondent for further steps.
P.R. RAMACHANDRA MENON, JUDGE.
kp/-
3 issues framed by the court
Whether the petitioner is eligible to engage as petty contractor for cable maintenance works.
Whether the respondent must implement conditions from an agreement dated 13.6.12.
Whether the additional 6th respondent must consider a complaint filed under Section 24.
Alexander George
The Chief General Manager Bharath Sanchar Nigm Ltd., Kerala Circle
The Additional General Manager (Planning) Bharath Sanchar Nigm Ltd.
The General Manager Bharath Sanchar Nigm Limited
The Sub Divisional Engineer Kunnicode
The Assistant Labour Commissioner (Central) Kannanad
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
