Kerala High Court
Kseb vs State Of Kerala on 28 June, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 3746 OF 2014
PETITIONERS:
1 KSEB
PETTY CONTRACTORS & CASUAL LINE WORKERS UNION,
T.C.7/7165, REG.NO.01/2/08, H.O.ULLOOR,
THIRUVANANTHAPURAM
REPRESENTED BY ITS GENERAL SECRETARY SRI.M.A.DAVID,
CAMP: P.O.THALAKOTTUKARA,THRISSUR DISTRICT - 680 501
2 K.J.SHAJU
KALLIKKADAN HOUSE, NEAR CHURCH, P.O.KODANNUR,
THRISSUR - 680 563 (CONTRACTOR, WORK AT KOORKKANCHERRY
SECTION OFFICE, THRISSUR CIRCLE,KSEB,
THRISSUR EAST DIVISION)
3 FRANCIS DAVI C
CHIRIYANKANDATH HOUSE, P.O.MUNDATHICODE,
THIRUTHIPARAMBU (CONTRACTOR, WORK AT KUNNAMKULAMSECTION
OFFICE, KUNNAMKULAM DIVISION, KSEB, THRISSUR CIRCLE)
4 C.O.ROCKY
SON OF OUSEPH, CHERAMBAN HOUSE, KIRALOOR P.O.,
THRISSUR DISTRICT (CONTRACTOR ELECTRICAL
SECTION,KEECHERRY, KUNNAMKULAM DIVISION, KSEB,
THRISSURCIRCLE)
5 DIBIL N.B
SON OF BHARATHAN, NADUVILPURACKAL HOUSE, ANJUR,
MUNDOOR P.O., THRISSUR DISTRICT (CONTRACTORELECTRICAL
SECTION, KSEB, MUNDOOR, KUNNAMKULAMDIVISION, THRISSUR
CIRCLE)
6 A.R.KUNJU
SON OF RAGHAVAN, ADIYODI VALAPPIL HOUSE,
THANGALOORP.O., THRISSUR DISTRICT (CONTRACTOR,
ELECTRICALSECTION, KSEB, MUNDOOR, KUNNAMKULAM
DIVISION,THRISSUR CIRCLE)
7 RAVI N.C.
S/O.CHATHAN, NAMBIDIPARAMBIL HOUSE, KATTUKAMPALP.O,
THRISSUR DISTRICT, (CONTRACTOR, ELECTRICALSECTION BBR
KUNNAMKULAM DIVISION, KSEB,THRISSUR CIRCLE)
WP(C) NO. 3746 OF 2014
2
8 PRABIN DAS A.S.
SON OF SANKARAN A.A., ARIYARATH HOUSE, PENGAMUCK
POTHRISSUR DISTRICT, (CONTRACTOR, ELECTRICAL
SECTION,KSEB, PERUMBILAVU, KUNNAMKULAM DIVISION,
THRISSUR CIRCLE)
9 SHAJI M.A.
MUNDANTHARA HOUSE, THOZHIYOOR P.O., THRISSUR
DISTRICT (CONTRACTOR ELECTRICAL SECTION
BBRKUNNAMKULAM DIVISION, KSEB, THRISSUR CIRCLE)
10 ASWHRAF M
MEPPURATHU HOUSE, P.O.PALAPETTY, THRISSUR
DISTRICT(CONTRACTOR, ELECTRICAL SECTION,
PUNNAYOORKULAM,KSEB, KUNNAMKULAM DIVISION,
THRISSUR CIRCLE)
11 M.P.CHANDRASEKHARAN
PERUMBIL HOUSE, CHETTUPUZHA P.O., THRISSUR
DISTRICT(CONTRACTOR, ARIMBOOR SECTION OFFICE,
KSEB, THRISSUR EAST DIVISION, THRISSUR CIRCLE)
12 T.R.SHANTY
THANDAKULAM HOUSE, P.O.PUNNAYOORKULAM
ALTHARA,CONTRACTOR, PUNNAYOORKULAM SECTION,
KSEB,KUNNAMKULAM DIVISION, THRISSUR CIRCLE)
13 P.GOPALAN
PAROLOR HOUSE, THRITHALOOR P.O., THRISSUR
DISTRICT(CONTRACTOR, ELECTRICAL SECTION, KSEB,
PAZHANI,KUNNAMKULAM DIVISION, THRISSUR DISTRICT)
BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SMT.ASHA BABU
SRI.S.M.PRASANTH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GOVERNMENT
WP(C) NO. 3746 OF 2014
3
SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, VAIDHYUTHI
BHAVAN,PATTOM, THIRUVANANTHAPURAM - 695 004
3 THE CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI
BHAVAN,PATTOM, THIRUVANANTHAPURAM - 695 004.
4 THE CHIEF ENGINEER
CENTRAL CIRCLE KERALA STATE ELECTRICITY
BOARD,ERNAKULAM VYTTILA KOCHI - 682 019.
5 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, THRISSUR - 680 004
6 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, IRINJALAKUDA - 680 121
7 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, PALAKKAD - 678 001
8 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, KULAPPULLY,
SHORNUR -679 122
9 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, TIRUR,
MALAPPURAM DISTRICT 676 101
10 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, MANJERI - 676 121.
11 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, MALAPPURAM - 676 505.
12 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, BEACH ROAD,
KOZHIKODE,PIN - 673 001.
13 THE DEPUTY CHIEF ENGINEER
WP(C) NO. 3746 OF 2014
4
ELECTRICAL CIRCLE, KSEB,
KALPETTA, WAYANAD - 673 121.
14 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, KANNUR - 670 001
15 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, KASARAGOD - 671 121.
16 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, P.H.ROAD,
ERNAKULAM -682 012.
17 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB,
PERUMBAVOOR, PIN -683 542
18 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, ALAPPUZHA - 688 001
19 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, KOTTAYAM - 686 001
20 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, THODUPUZHA - 685 584
21 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, KOTTARAKKARA - 691 506.
22 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, KOLLAM - 691 001
23 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB NORTH
THIRUVANANTHAPURAM -695 004
24 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB SOUTH,
THIRUVANANTHAPURAM -695 004
25 THE DEPUTY CHIEF ENGINEER
ELECTRICAL CIRCLE, KSEB, RURAL,
WP(C) NO. 3746 OF 2014
5
THIRUVANANTHAPURAM695 004
26 THE CHIEF PERSONNEL OFFICER KSEB
VYDHUTHI BHAVANAM, PATTOM,
THIRUVANANTHAPURAM -695 004.
BY ADV SRI.K.S.ANIL, SC, KSEB
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 3746 OF 2014
6
JUDGMENT
1. Petitioners, as an association as well as individually, have approached this Court with the following prayers:
i) To call for the records leading upto Ext.P15 and quash the same by the issuance of a Writ of Certiorari or any other appropriate Writ, order or direction.
ii) To issue a Writ of Mandamus commanding the Kerala State Electricity Board to disburse the monetary benefits arising out of the revised PWD rates agreed to by the Board and directed by this Hon'ble Court in full for the period from 3.9.2011 to 1.10.2012, forthwith.
iii) To declare that the denial of the aforesaid benefits to a section of the persons eligible is violative of Articles 14, 16 and 21 of the Constitution of India.
iv) To issue a Writ of Mandamus commanding the respondents and the officers in the KSEB including Transmission Circle and Generation Department of the KSEB to pay the revised PWD Labour rate of 2010 and 2012.
v) To issue a Writ of Mandamus commanding the respondents to disburse all arrears with effect from 01.12.2004 (revision of 2004 PWD labour rate) as stated WP(C) NO. 3746 OF 2014 7 in Ext.P14.
vi) To issue such other writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. A detailed representation has been made as Ext.P16. The stand of the respondents has been that the demand for applicability of PWD rate is totally unjustified since the works in the KSEB is being carried out by inviting competitive tenders. The contractor has the right to quote above estimate rate, if he feels the estimate rate is inadequate for assuring minimum wages to the labours engaged by him. No doubt PWD rate is being adopted by the Kerala State Electricity Board by issuing separate orders from time to time, but has to be with prospective effect. Be that as it may. Once a representation has been submitted, I am of the view that the grievance of the petitioners against non implementation of order Ext.P15 can always be addressed by the KSEB by looking into Ext.P16 representation.
3. Without expressing any opinion on the merits of the matter, 2nd respondent is directed take call on Ext.P16. WP(C) NO. 3746 OF 2014 8 Liberty is granted to submit additional documents for vindication of the grievance. Respondent No.2 shall decide the same in accordance with law after affording an opportunity of hearing within a period of two months from the date of receipt of copy of this judgment. In case any action has already been taken on Ext.P16, the same shall be supplied to the petitioners who would be at liberty to challenge the same in accordance with law, if aggrieved.
Writ petition stands disposed off.
Sd/-
AMIT RAWAL JUDGE nak WP(C) NO. 3746 OF 2014 9 APPENDIX OF WP(C) 3746/2014 PETITIONER EXHIBITS TRUE COPY OF THE MEMORANDUM OF EXT.P-1:
SETTLEMENT DATED 29.6.1995 TRUE COPY OF THE ORDER DATED 10.7.1995 EXT.P-2:
ISSUED BY THE KSEB TRUE COPY OF THE CIRCULAR DATED EXT.P-3:
12.2.1996 ISSUED BY THE KSEB TRUE COPY OF THE ORDER G.O(RT) NO.1151/2011/PWD DATED 3.9.2011 ISSUED EXT.P-4:
BY THE PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA TRUE COPY OF THE JUDGEMENT DATED EXT.P-5:
15.6.2012 IN WPC NO.8582 OF 2012 TRUE COPY OF THE ORDER DATED 1.2.2013 EXT.P-6:
ISSUED BY THE KSEB TRUE COPY OF THE REPRESENTATION DATED EXT.P-7:
11.2.2013 SUBMITTED BY THE PETITIONERS TRUE COPY OF JUDGEMENT IN WPC NO.10408 EXT.P-8:
OF 2013 DT.11.4.2013 TRUE COPY OF REPRESENTATION DT.24.8.13 EXT.P-9:
SUBMITTED BY THE FIRST PETITIONER TRUE COPY OF APPLICATION IN CONTEMPT OF EXT.P-10:
COURT CASE NO.1174/2013 DT.25.9.2013 TRUE COPY OF THE LETTER EXT.P-11: NO.LA/VI/7647/2013 DT.15.10.2013 OF THE SENIOR LABOUR OFFICER, KSEB EXT.P-12: TRUE COPY OF REPRESENTATION DT.21.10.13 SUBMITTED BY THE FIRST PETITIONER WP(C) NO. 3746 OF 2014 10 TRUE COPY OF REPRESENTATION DT.11.11.13 EXT.P-13:
SUBMITTED BY THE FIRST PETITIONER TRUE COPY OF REPRESENTATION DT.6.12.13 EXT.P-14:
SUBMITTED BY THE FIRST PETITIONER TRUE COPY OF ORDER NO.LA VI/7647/2013 EXT.P-15:
DT.7.12.2013 ISSUED BY THE KSEB TRUE COPY OF OBJECTION DT.26.12.2013 EXT.P-16:
SUBMITTED BY THE FIRST PETITIONER