Feroke Co-Operative Labour Contract vs State Of Kerala
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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

Order no order is required. Accordingly, this writ

petition is closed.

Sd/-

M.A.ABDUL HAKHIM, JUDGE

SSG

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.