Kerala High Court
Feroke Co-Operative Labour Contract vs State Of Kerala on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 6779 OF 2016
PETITIONER:
FEROKE CO-OPERATIVE LABOUR CONTRACT SOCIETY LTD D-2855,
STADIUM BUILDING, NALLUR, FEROKE PO, KOZHIKODE,
PIN-673 631, REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.P.J.MATHEW
SRI.EBIN MATHEW
SRI.PAUL VARGHESE ERNAKULAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF
GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 SECRETARY TO GOVERNMENT
CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3 KADALUNDI GRAMA PANCHAYAT
PO CHALIYAM, KOZHIKODE DISTRICT-673 301, REPRESENTED BY
ITS SECRETARY.
4 THE ASSISTANT ENGINEER
LSGD SECTION, OFFICE OF THE ASSISTANT ENGINEER,
KADALUNDI GRAMA PANCHAYAT, PO CHALIYAM, KOZHIKODE
DISTRICT-673 301.
BY ADVS.
SRI.T.M.KHALID
SRI.VINOD SINGH CHERIYAN
OTHER PRESENT:
SMT. K.B. SONY -GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.6779 of 2016
2
JUDGMENT
Dated, this the 11th day of April 2024
1. The petitioner filed this writ petition challenging Exts.P5 and P6 Circulars by which the Government clarified that the benefit of Price Preference in Labour Contracts provided in Ext.P3 Government Order is not applicable to the works of Local Self Government Institutions.
2. Ext.P3 Government Order shows that that the benefit of Price Preference in Labour Contracts provided in therein is applicable only to the government works. Hence, I find no merit in the challenge against Ext.P5 and Ext.P6.
3. The counsel for the petitioner handed over the Government Order No. 2780/2017/LSG dated, 11.08.2017 which declares that Ext.P3 Government Order is applicable to the works of Local Self Government Institutions also and in view of this Government W.P.(C).No.6779 of 2016 3 Order no order is required. Accordingly, this writ petition is closed.
Sd/-
M.A.ABDUL HAKHIM, JUDGE SSG W.P.(C).No.6779 of 2016 4 APPENDIX OF WP(C) 6779/2016 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER SOCIETY ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE DT 24-2-2007 EXHIBIT P2 THE RELEVANT PORTION OF THE BY LAWS OF THE SOCIETY SHOWING ITS OBJECTIONS EXHIBIT P3 A TRUE COPY OF THE GOVERNMENT ORDER GO (MS) NO.135/97/CO-OP. DT 13-11-1997 EXHIBIT P4 A TRUE COPY OF THE ON LINE TENDER. EXHIBIT P5 A TRUE COPY OF THE LETTER DT 8-2-2015.
EXHIBIT P6 A TRUE COPY OF THE CIRCULAR DT 4-8-2003 EXHIBIT P7 A TRUE COPY OF THE REPLY DT 11-2-2016.