The estimate was made as per the prevailing labour charges at that time. Whil
e submitting the tender minimum wages was very low in respect of the unskilled, semi-skilled a
nd skilled labourer. Accordingly the estimate was made as per the said prevailing rate. Therea
fter Government of Odisha, Labour and ESI Department vide Notification dated 6th October, 2012
being published in the Orissa Gazette Notification dated 9th October, 2012 revised the rate a
nd enhanced the minimum wages of the labourers vide Annexure-4 dated 9th October, 2012. Under
Clause-3 of the said notification it was clearly stipulates that the enhanced minimum rate of
wages are applicable to the labourer engaged by the Contractor in the work. Since the contrac
tor is bound by the Labour Law and as per the Clause-32 of the agreement the opposite party No
.4 is to consider the same and allow the estimate cost furnished by the contractor as per prev
ailing rate during progress of work. The petitioner paid the enhanced labour charges to his la
bourers who were directly engaged in the work from the date of notification. However the bill
submitted by the petitioner has not taken into consideration by the opposite party hence, the
petitioner has requested opposite party Nos. 2 to 4 for payment of such minimum wages as per t
he Gazette Notification by its letter dated 21.3.2016 which is pending with opposite party. As
no action has been taken on such request of the petitioner the present writ petition was file
d seeking the aforesaid direction.
