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Kerala High Court
Reena Engineers And Contractors Pvt. ... vs Kerala Water Authority on 10 May, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.17467/2024 1/3 Order Date : 10-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
WP(C) NO. 17467 OF 2024
PETITIONER:
REENA ENGINEERS AND CONTRACTORS PVT. LTD. REPRESENTED BY ITS
MANAGING DIRECTOR/AUTHORISED SIGNATORY K.C.JAMES 602, SHIV TOWER,
PATTO PLAZA, PANAJI, GOA, PIN - 403001
RESPONDENTS:
1. KERALA WATER AUTHORITY REP. BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANTHAPURAM, PIN - 695010
2. THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, P
H CIRCLE - KOZHIKODE, KERALA WATER AUTHORITY,MALAPARAMBA.P.O,
KOZHIKODE, PIN - 673009
3. THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PPROJECT
DIVISION, KERALA WATER AUTHORITY, KOZHIKODE., PIN - 673009
4. KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD REP. BY ITS CHAIRMAN,
NIRMAN BHAVAN, METTUKKADA, THYCAUD.P.O., THIRUVANANTHAPURAM, PIN -
695014
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents' not to deduct any amounts towards KCWWF
cess either under the kerala construction workers welfare fund Act, 1989
(state Act for short) or under the building and other Construction Workers
Welfare Cess Act, 1996 (Cess Act for short) at 1% from the future bills of
the petitioner in respect of the work awarded pursuant to Ext P2 to the
extent it concerns works that does not fall within the ambit of "building
or construction work" under any of the above enactments.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. P.SHANES METHAR & N. KRISHNA PRASAD, Advocates for the petitioner,
the court passed the following:
WP(C) No.17467/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P. (C) No.17467 of 2024
-------------------------------------------------
Dated this the 10th day of May, 2024
ORDER
Admit.
2. The learned Standing Counsel takes notice for respondents 1 to 3. Sri.C.R.Syamkumar, the learned Standing Counsel takes notice for the 4th respondent.
There will be an interim stay as prayed for, for a period of one month.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C) No.17467/2024 3/3 Order Date : 10-05-2024 APPENDIX OF WP(C) 17467/2024 Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF E-TENDER NO.
SE/PHC/KKD/25/2022-23 DATED 27.07.2022 OF THE SECOND RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER NO. 2091/D6/2022/ PHC-KKD DATED 24.10.2022 (WORK ORDER) ISSUED BY THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE ACCEPTED PRICE SCHEDULE (APPENDED TO EXT.P2) Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF AGREEMENT NO.
SE/PHC/KKD/25/2022-23 DATED 02.11.2022 WITH THE SECOND RESPONDENT Exhibit P5 TRUE COPY OF THE CB-3 VOUCHER DATED 01.02.2023 PERTAINING TO CC FIRST & PART BILL OF THE SUBJECT WORK Exhibit P6 TRUE COPY OF THE CB-3 VOUCHER DATED 07.03.2023 PERTAINING TO CC SECOND & PART BILL OF THE SUBJECT WORK Exhibit P7 TRUE COPY OF THE CB-3 VOUCHER DATED 21.03.2023 PERTAINING TO CC THIRD & PART BILL OF THE SUBJECT WORK Exhibit P8 TRUE COPY OF THE CB-3 VOUCHER DATED 06.09.2023 PERTAINING TO CC FIFTH & PART BILL OF THE SUBJECT WORK Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 23.1.2024 IN WRIT PETITION (CIVIL) NO. 39131/2023 Exhibit P10 A TRUE COPY OF THE PROCEEDINGS NO.
KWA/JB/LS4/WPC/43331/2023 (ORDER) DATED 06.03.2024 OF THE MANAGING DIRECTOR OF THE FIRST RESPONDENT Exhibit P11 TRUE COPY OF THE INTERIM ORDER DATED 11.04.2024 IN WRIT PETITION (C) NO. 15613/2024