In a writ petition, the petitioner contractor sought payment for escalated labour costs incurred due to a wage revision. The court directed the second respondent to consider the submitted bill referencing the relevant contract clause.
Directed second respondent to consider Ext.P8 bill per Clause 63 and pay if entitlement proved.
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 V.G.ARUN
WEDNESDAY, THE 2ND DAY OF NOVEMBER 2022 / 11th KARTHIKA, 1944
WP(C) NO. 15004 OF 2022
PETITIONER:
M/s. SUNDER BUILDERS,
6/346/21, ARUNACHALAM COMPLEX,
1ST FLOOR, TRICHENDUR MAIN ROAD
SEYDUNGANALLUR - POST, SRIVAIKUNDAM TALUK,
TUTICORIN- DIST., TAMIL NADU – 628809 &
DOOR NO.XI/447,A-2 MANATH BUILDING,
THRIKKAKKARA P.O., KOCHI - 682021
REP.BY IT'S AUTHORIZED SIGNATORY,
MANURAJ D. NAIR
BY ADVS.
DEEPU THANKAN
UMMUL FIDA
LAKSHMI SREEDHAR
R.RAJANANDINI MENON
SHAHNAS K.P
RESPONDENTS:
1CHIEF ENGINEER (NW)
MILITARY ENGINEER SERVICE,
NAVAL BASE P.O., KOCHI, PIN - 682004
2GARRISON ENGINEER (P)
MILITARY ENGINEER SERVICE,
NAVAL BASE P.O., KOCHI, PIN – 682004
DSGI - S. MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15004 OF 2022
2
JUDGMENT
Dated this the 2nd day of November, 2022
The petitioner, an “S” class contractor with the Military Engineering Services, was awarded the work-Construction of Provision for Addition / Alteration and Special Repairs to Sailors in living ACCN (P-195,P-196,P-197 and P-200) at Naval Base, Kochi. After successful completion of the work, the petitioner submitted Ext.P8 bill, claiming additional payment for the excess expense incurred due to escalation in the wages of labourers, consequent upon the wage revision brought about by Ext.P5 Government Order. The petitioner relies on Clause 63 of Ext.P3 in support of his claim for enhanced labour charges. Clause 63 reads as under:
WP(C) NO. 15004 OF 2022
3
In the result, the Writ Petition is disposed of directing the second respondent to consider Ext.P8 bill and take a decision thereon, with specific reference to Clause 63 of Ext.P3 extracted above. If necessary, the second respondent can call upon the petitioner to produce proof of having paid the enhanced wages. If the petitioner is able to prove his entitlement, the amount claimed under Ext.P8 bill shall be paid forthwith.
Sd/-
V.G.ARUN
JUDGE
SJ
WP(C) NO. 15004 OF 2022
4
APPENDIX OF WP(C) 15004/2022
PETITIO |
NER EXHI |
BITS |
|
|---|---|---|---|
Exhibit |
P-1 |
A TRUE COPY OF THENOTICE INVITING TENTHE TENDER OF ADDITSPECIAL REPAIRS TOACCN (P-195, P-196,AT NAVAL BASE, KOCHISSUED BY THE FIRST |
EXTRACT OF THEDER WITH RESPECT TOION/ ALTERATION ANDSAILORS IN LIVINGP-197, AND P-200)I DATED 29/08/2017RESPONDENT |
Exhibit |
P-2 |
A TRUE COPY OF THETENDER OF THE PETITFIRST RESPONDENT DA |
LETTER ACCEPTING THEIONER ISSUED BY THETED 05/12/2017. |
Exhibit |
P-3 |
A TRUE COPY OF THEOF CONTRACTS (IAFWCONTRACTS. |
GENERAL CONDITIONS2249) FOR LUMP SUM |
Exhibit |
P-4 |
A TRUE COPY OF THECONTRACT. |
RELEVANT PAGE OF THE |
Exhibit |
P-5 |
A TRUE COPY OF THEGAZETTE NOTIFICATIO |
KERALA EXTRAORDINARYN DATED 20/08/2019 . |
Exhibit |
P-6 |
A TRUE COPY OF THE04/11/2019. |
LETTER DATED |
Exhibit |
P-7 |
A TRUE COPY OF THECERTIFICATE DATED 1 |
COMPLETION5/02/2021 . |
Exhibit |
P-8 |
A TRUE COPY OF THESUBMITTED FOR ESCALFROM 01/08/2019 TO |
SEPARATE BILLATION FOR THE PERIOD13/01/2021 |
Exhibit |
P-9 |
A TRUE COPY OF THETHIS HON'BLE COURT4112/2021 DATED 26/ |
INTERIM ORDER OFIN W.P.(C) NO.03/2021. |
Exhibit |
P-10 |
A TRUE COPY OF THEBY THIS HON'BLE COU14513/2022 DATED 26 |
INTERIM ORDER PASSEDRT IN WPC NO./04/2022 . |
2 issues framed by the court
Whether the contractor is entitled to claim enhanced labour charges under Clause 63 of the contract following a government wage revision.
Whether the respondent authorities are bound to honor the bill claiming differential labour charges.
1 provisions across 1 enactments
M/s. SUNDER BUILDERS
CHIEF ENGINEER (NW)
GARRISON ENGINEER (P)
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court