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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.17404/2024 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. 17404 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,
PH CIRCLEKOZHIKODE, KERALA WATER AUTHORITY,
MALAPARAMBA.P.O,KOZHIKODE, PIN - 673009
3. THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, KERALA
WATER AUTHORITY, PROJECT DIVISION-KOZHIKODE, MALAPARAMBA.P.O.,
KOZHIKODE:, PIN - 673009
4. THE KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD REP. BY ITS
CHAIRMAN, NIRMANBHAVAN, 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 P3, 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
SRI. P.SHANES METHAR & N.KRISHNA PRASAD Advocates, for the petitioners,
the court passed the following:
WP(C) No.17404/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P. (C) No.17404 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.17404/2024 3/3 Order Date : 10-05-2024 APPENDIX OF WP(C) 17404/2024 Exhibit P1 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 P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTICE INVITING TENDER (E-TENDER NO. SE/PHC/KKD/17/2022-23 DATED 12.07.2022) PUBLISHED BY THE SECOND RESPONDENT Exhibit P3 TRUE COPY OF THE WORK ORDER (LETTER NO.
1945/D6/2022/PHC-KKD DATED 15.10.2022) ISSUED BY THE SECOND RESPONDENT Exhibit P4 TRUE COPY OF THE ACCEPTED PRICE SCHEDULE (APPENDED TO EXT.P3) Exhibit P5 TRUE COPY OF THE AGREEMENT NO. SE/PHC/KKD/16/2022-23 DATED 28.10.2022 (RELEVANT PAGES) Exhibit P6 TRUE COPY OF THE CB-3 VOUCHER PERTAINING TO CC FIRST & PART BILL DATED 11.01.2023 Exhibit P7 TRUE COPY OF THE CB-3 VOUCHER PERTAINING TO CC SECOND & PART BILL DATED 10.02.2023 Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 23.01.2024 IN WP(C) NO.
39292 OF 2023 Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 11.04.2024 IN WRIT PETITION (CIVIL) NO.15163/2024