Kerala High Court
M/S Dineshchandra R Agrawal ... vs Union Of India on 11 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
WP(C) NO. 681 OF 2022
PETITIONER:
M/S DINESHCHANDRA R AGRAWAL INFRACON (P) LTD.
401/THE GRAND MALL, S.M. ROAD, AMBAWADI,
AHAMEDABAD 380 015, REPRESENTED BY THEIR POWER OF
ATTORNEY HOLDER P.J. JACOB,PARAMBATHSSERY HOUSE,
PADIVATTOM, EDAPPALLY P.O, KOCHI 682 024.
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
AMBIKA C.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT ,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, CENTRAL
GOVERNMENT SECRETARIAT, NEW DELHI 110 001.
2 THE DIRECTOR GENERAL,
MINISTRY OF LABOR AND EMPLOYMENT, GOVERNMENT OF
INDIA, LABOR BUREAU, SHRAM BUREAU BHAWAN, NEW
DELHI 110 001.
3 THE DIRECTOR GENERAL, ROAD DEVELOPMENT AND SS),
MINISTRY OF SHIPPING , ROAD TRANSPORT AND
HIGHWAYS, TRANSPORT BHAVAN, NO. 1 PARLIAMENT
STREET, NEW DELHI 110 001.
4 THE REGIONAL OFFICER,
MINISTRY OF SHIPPING, ROAD TRANSPORT AND
HIGHWAYS, PUBLIC OFFICE BUILDINGS,
THIRUVANANTHAPURAM, PIN 695 033.
W.P.(C).No.681 of 2022
2
5 M/S. AYOLEEZA COSULTANT (P) LTD. (JV),
WITH MUKESH ASSOCIATES, FIRST FLOOR, MCARD BANK
BUILDING, RAJAKUMARY P.O, IDUKKI, DISTRICT-685
619, REPRESENTED BY THEIR TEAM LEADER.
6 THE CHIEF ENGINEER,
NATIONAL HIGHWAYS, PUBLIC OFFICE BUILDINGS,
THIRUVANANTHAPURAM-695 033.
7 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXCECUTIVE ENGINEER, NATIONAL
HIGHWAY, NH DIVISION, MUVATTUPUZHA-686 661
BY ADV SHRI.P.L.VENUKUMAR, CGC
OTHER PRESENT:
SRI.APPU P S, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No.681 of 2022
3
JUDGMENT
Dated this the 11th day of March, 2022
The petitioner, a private limited company, is before this
Court seeking to direct the 2nd respondent to consider and pass
orders on Ext.P6 to publish the linking factor against serial
No.41 in Ext.P3 Consumer Price Index for Industrial Labour
base 2016=100 for Idukki, Kerala or within a time stipulated to
enable the petitioner to present the time adjustment bills on
computation of the exact unpaid price variation amount for
value of works carried out in accordance with Clause 19.10.4 of
Ext.P1 from 01.12.2021 onwards, to carryout and complete the
works.
2. The petitioner under took a contract work of
"Rehabilitation and up-gradation of NH-85 (Old NH 49) from km
119/017 to km 161/300 (Design chainage km 119/017 to km
160/800), (Bodimettu to Munnar) to 2 lane with paved shoulders
in the State of Kerala".
W.P.(C).No.681 of 2022
3. The petitioner states that in Clause 19.10.4 of Ext.P1
agreement, price adjustment payment for value of work carried
out for increase or decrease in the rates and price of labour,
cement, steel, plant, machinery and spares, bitumen, fuel and
lubricants and other material inputs in accordance with
principles, procedure and formulas stipulated in it is assured
based on the Consumer Price Index published by the 2 nd
respondent. Ext.P3 Consumer Price Index for industrial labour
base 2016=100 published by the 2nd respondent is without
providing a linking factor for Idukki, against serial No.41 in it.
Only Aluva and Kollam are included in Ext.P3. The omission to
provide linking factor for Idukki is affecting the petitioner
seriously. Their bills are not processed or settled due to the
absence of the linkage. In the said circumstances, the
petitioner is before this Court.
4. The Central Government Counsel entered
appearance on behalf of the 2nd respondent. The Central
Government Counsel submitted that the linkage has to be
W.P.(C).No.681 of 2022
determined collecting data from various sources. The 2 nd
respondent has sought necessary information from Office of the
Director General Labour Bureau, Ministry of Labour, Shimla.
The learned Central Government Counsel submitted that four
months more time is required to finalise the linkage.
5. I have heard the learned counsel for the petitioner
and the learned Central Government Counsel representing the
2nd respondent. I have also heard learned Government Pleader
for respondents 6 and 7.
6. The facts of the case discloses that the petitioner has
undertaken certain contract work for and on behalf of the
National Highway Authority of India. The bills are pending and
are not honoured due to the omission on the part of the 2 nd
respondent in providing Consumer Price Index with the linking
factor for the industrial labour base 2016=100 to be supplied by
the 2nd respondent for the month September, 2020 for Idukki.
The omission has very serious civil consequences for various
citizens in Idukki District. Since the linking factor sought is for
W.P.(C).No.681 of 2022
the year 2020, the 2nd respondent cannot take long time to
provide the linking factor.
7. The petitioner has submitted Ext.P6 representation
to the 2nd respondent. In the facts of the case, the 2 nd
respondent is bound to take appropriate steps in this regard
within a reasonable time.
8. In the circumstances, the writ petition is disposed of
directing the 2nd respondent to consider Ext.P6 representation
and provide for the requisite Consumer Price linkage for Idukki
District as sought for in Ext.P6 within a period of six weeks.
Sd/-
N.NAGARESH,
JUDGE
rpk
W.P.(C).No.681 of 2022
APPENDIX OF WP(C) 681/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF
AGREEMENT NO.2/CENH/KERALA /2017-18.
Exhibit P2 TRUE COPY OF THE SUBCONTRACT AGREEMENT
WITH GREENWORTH INFRASTRUCTURE (P) LTD.
Exhibit P3 TRUE COPY OF THE RELEVANT PORTION OF
CONSUMER PRICE INDEX FOR INDUSTRIAL
LABOR PUBLISHED.
Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF
CONSUMER PRICE INDEX FOR LINKING FACTOR
OF MUNDAKKAYAM.
Exhibit P5 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER TO THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF REPRESENTATION OF THE
PETITIONER TO THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF RELEVANT PORTION OF PRICE
ADJUSTMENT BILL FOR RS. 5,02,10, 573/-
PRESENTED BY THE PETITIONER TO THE 5TH
RESPONDENT.
