In a writ petition involving delay in payment of the final bill and security deposit by Southern Railway, the High Court directed the respondents to pay the entire dues within three months.
Direction to the respondents to pay the entire payment due to the petitioner within three months.
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 SMT. JUSTICE P.V.ASHA
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.538 OF 2021(N)
PETITIONER:
K. V. ANILKUMAR
AGED 53 YEARS S/O. VELAYUDHAN, KODATHU HOUSE, THOTTAKKATTUKARA P.O., OLD DESOM ROAD, ALUVA, ERNAKULAM DISTRICT - 683 108.
BY ADVS.
SRI.S.SHANAVAS KHAN SMT.S.INDU
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.538 OF 2021(N)
2
JUDGMENT
Dated this the 01st day of February 2021
The petitioner, who had completed the work covered by Exts.P1 and P3 work orders, has filed this writ petition aggrieved by the delay in payment of final bill and security deposit.
affidavit. There is no dispute with respect to the work carried out by the petitioner. However, it is stated that the petitioner has not furnished the wage bill.
submitted that the wage bill is already
submitted. The learned counsel for the petitioner also points out that 'no claim due' is to be submitted only after final bill is paid
and that would be submitted as soon as the final bill is paid.
WP(C).No.538 OF 2021(N)
respondents to see that the entire payment due to the petitioner is made within a period of
'three months'.
The writ petition is accordingly disposed
of.
Sd/-
P.V.ASHA JUDGE
DM
WP(C).No.538 OF 2021(N)
4
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WORK ORDER DATED 19.06.2017 ISSUED BY THE THIRD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE 13TH AND FINAL BILL SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE WORK ORDER DATED 19.06.2017 ISSUED BY THE THIRD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE FINAL BILL SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:
EXHIBIT R1 A TRUE COPY OF THE LETTER BEARING NO V/W.148/114/TVC/17 DATED 18.01.2021.
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
What direction should be issued for the payment of the final bill and security deposit to the petitioner?
2 provisions across 2 enactments
K. V. ANILKUMAR
THE GENERAL MANAGER, SOUTHERN RAILWAY
THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION) SOUTHERN RAILWAY
THE SENIOR DIVISIONAL ENGINEER (CO-ORDINATION) SOUTHERN RAILWAY
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
