Kerala High Court

P.N.Satheesan vs The State Of Kerala on 6 June, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
         THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                          WP(C) NO. 4164 OF 2018
PETITIONERS:
     1       P.N.SATHEESAN
             AGED 45 YEARS
             AGED 45 YEARS,S/O.LATE RAMACHANDRAN,KUNNATH
             HOUSE,TRIKKADIRI(PO),PALAKKAD -679502.
     2       K.UMESH BABU
             AGED 45 YEARS,S/O.LATE THUPPAN,KUNNATH
             HOUSE,MANNANUR(PO),PALAKKAD-679523.
     3       T.MOHAMMED
             AGED 53 YEARS,THOPPIL
             HOUSE,S/O.T.KUNHIPPA,MALA(PO),KAKKATTIRI,PALAKKAD-679534.
     4       V.VINOD KUMAR
             AGED 40 YEARS,S/O.LATE VASUDEVAN NAIR,PERUMBALATHU VALAPPIL
             HOUSE,KOODALLUR(PO),PALAKKAD-679554.
            BY ADVS.
            SRI.U.BALAGANGADHARAN
            SRI.V.P.NARAYANAN

RESPONDENTS:
     1      THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY,POWER DEPARTMENT,GOVERNMENT
            SECRETARIAT,THIRUVANANTHAPURAM-695001.
     2      THE KERALA STATE ELECTRICITY BOARD LIMITED
            REPRESENTED BY ITS SECRETARY,VIDYUTHI
            BHAVAN,THIRUVANANTHAPURAM-695001.
     3      THE CHAIRMAN AND MANAGING DIRECTOR
            KERALA STATE ELECTRICITY BOARD LIMITED,VIDYUTHI
            BHAVANAM,THIRUVANANTHAPURAM-695001.
     4      THE SECRETARYADMINISTRATION
            KERALA STATE ELECTRICITY BOARD LIMITED,VIDYUTHI
            BHAVANAM,THIRUVANANTHAPURAM-695001.
     5      THE DIRECTOR
            DISTRIBUTION AND SAFETY,KERALA STATE ELECTRICITY BOARD
            LIMITED,THIRUVANANTHAPURAM-695001.
     6      THE CHIEF ENGINEER
            DISTRIBUTION NORTH,KERALA STATE ELECTRICITY BOARD
            LIMITED,KOZHIKKODE NORTH-673001.


            SRI. B. PRAMOD-SC

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG

WITH WP(C).40020/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C)Nos.4164 of 2018 & 40020 of2017
                                         2




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
         THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                          WP(C) NO. 40020 OF 2017
PETITIONERS:

     1       KERALA STATE ELECTRICITY BOARD, PETTY CONTRACTORS & LINE
             WORKERS UNION
             REPRESENTED BY ITS VICE PRESIDENT K.ABDUL RAHIMAN,AGED 59
             YEARS,S/O.MOIDEENKUTTY,PALAKKAD DIST.PIN-679522.
     2       P.ABDUL LATHEEF
             AGED 49 YEARS,S/O.KOYA,PAMBALATH
             HOUSE,KOODALLUR.P.O,PALAKKAD DIST.PIN-679554.
     3       P.V.RAMANKUTTY
             S/O.VALLA,AGED 54 YEARS,PUNNAKAL THODI
             HOUSE,PUDHANNUR.P.O,PALAKKAD DIST.,MUNDUR,PIN-678592.
             BY ADVS.
             SRI.G.D.PANICKER
             SMT.JEENA JOSEPH


RESPONDENTS:

     1       THE SECRETARY, KERALA STATE ELECTRICITY BOARD (KSEB)
             LIMITED
             VYDHUTHI BHAVAN,PATTOM,THIRUVANANTHAPURAM,PIN-695004.
     2       CHAIRMAN AND MANAGING DIRECTOR
             KERALA STATE ELECTRICITY
             BAORD(KSEB)LIMITED,THIRUVANANTHAPURAM,PIN-695001.
     3       DIRECTOR
             DISTRIBUTION AND SAFETY,KERALA STATE ELECTRICTIY
             BOARD(KSEB)LIMITED,THIRUVANANTHAPURAM,PIN-695001.
     4       CHIEF ENGINEER
             DISTRIBUTION NORTH,KERALA STATE ELECTRICITY
             BOARD(KSEB)LIMITED,THIRUVANANTHAPURAM,PIN-695001.
             SRI. B. PRAMOD-SC

      THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
06.06.2024, ALONG WITH WP(C).4164/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P(C)Nos.4164 of 2018 & 40020 of2017
                                         3




                                 JUDGMENT

Dated this the 6th day of June, 2024

Heard Ms.Jeena Jose, learned counsel for the

petitioner in W.P.(C) No.40020 of 2019,

Mr.U.Balagangadharan, learned counsel appearing for

the petitioner in W.P(C.) No.4164 of 2018 and

Mr. B.Premod, learned Standing Counsel for the Kerala

State Electricity Board Limited.

2. Petitioners have challenged the order passed by

the Kerala State Electricity Board Limited in Ext.P1 in

W.P(C.) 40020/2017 and Ext.P8 in W.P(C.)

No.4164/2018. Petitioners are the petty contractors

and contract line workers executing the work of the

Kerala State Electricity Board Limited. The grievance

of the petitioners is that they were not given the

benefit of the Board order dated 25.07.2014. Though in

other wings, the said order was implemented. The W.P(C)Nos.4164 of 2018 & 40020 of2017

petitioners carryout the electrical contract works in the

distribution wing of the Kerala State Electricity Board

Limited. On the basis of the said Board order, demand

for arrears of payment for the period from 25.07.2014

to 25.08.2016 was raised. When no decision was taken

by the Board, the petitioners approached this Court by

filing W.P(C.) Nos.26720/2020, 34574/2015 and

4216/2017. Writ petitions were disposed of by a

common judgment dated 08.03.2017 in Ext.P7.

3. This Court held that in the light of the decision

taken by the Board on 25.07.2014, CPWD rates should

be reckoned for estimating tender/quotation after the

judgment and all contractors would be entitled for

CPWD rates. Thus, this Court directed for making the

estimate on the basis of CPWD rates from the

prospective effect, ie, from the date of the judgment ie.,

08.03.2017 and not prior to the said date. This Court

also upheld that so far as the work already concluded

or going on, whether the contractors would be entitled

for the benefit of decision dated 25.07.2014, should be W.P(C)Nos.4164 of 2018 & 40020 of2017

considered by the Board itself.

4. The relevant part of the judgment 08.03.2017

extracted hereunder.

"Therefore, this Court is of the view that in the light of the decision, CPWD rates shall be reckoned for estimating tender/quotation hereafter forthwith and all contractors would be entitled for CPWD rates.

6. The next question, therefore, is that whether in respect of the contract works already finished or going on, the contractors are entitled for CPWD rates or not. This Court is of the view that this has to be considered by the Board in the light of the decision dated 25.07.2014. Since individual demand raised by the contractors is not available before this Court, certainly, it has to be considered by the Board to provide CPWD rates for the contracts executed after 25.07.2014. Therefore, in regard to the above question, this Court is of the view that the Board shall take a decision.

7. In view of the above, appropriate decision in this regard shall be taken by the Secretary, KSEB, Vydhuthi Bhavan, Pattom. Thiruvanathapuram, after notice to KSEB petty contractors and Secretary of the KSEB Petty Contractors & Casual Line Workers Union, within a period of two months from the date of receipt of a copy of this judgment. Certainly, if any, decision is taken to award CPWD rates to such contractors, the same shall be disbursed in a time bound manner."

W.P(C)Nos.4164 of 2018 & 40020 of2017

5. In compliance of the direction issued by this

Court in the judgment dated 08.03.2017, the Board

has considered the grievance of the petitioners in the

impugned order.

6. The Board in its impugned decision had said

that the schedule rates published by the State or

Central Government ie, (PWD SoR, CPWD Sor, DSR

etc) or Labour Data published by the Kerala State

Electricity Board Limited from time to time, are only

a tool to assist the officers of KSEBL to assess the

estimate of the amount of contract of particular work.

These data are to ensure uniformity in preparation of

estimates. The contract works in distribution wing

are carried out through competitive bidding and an

intending bidder/contractor is at liberty to quote any

rate which he feels acceptable to him. The tender is

awarded to the lowest bidder. After accepting the bid,

the work is allotted to the lowest bidder who

executes the agreement as per the terms and W.P(C)Nos.4164 of 2018 & 40020 of2017

conditions and amount of the contract.

7. After having quoted the rates and accepting

the terms of the contract, now the petitioners want to

alter the terms of the contract. This cannot be

permitted. I do not find that the Board has taken a

decision which is contradictory to the law or the

decision passed by this Court in W.P(C.)

No.26720/2015. This Court itself has made it

mandatory for making estimates on the basis of the

CPWD rates for future from the date of the judgment.

This Court has not directed for revision of the amount

already agreed between the parties. In view thereof, I

find no substance in these writ petitions, which are

hereby dismissed.

Sd/-

APPENDIX OF WP(C) 4164/2018

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CIRCULAR NO.PS(SD)2815/93 DATED 12.02.1996 ISSUED BY THE SECOND RESPONDENT EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 16.11.2011 PASSED BY THIS HONOURABLE COURT IN W.P(C)NO.27073 OF 2006 EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 15.06.2012 PASSED BY THIS HONOURABLE COURT IN W.P(C)NO.8582 OF 2012 EXHIBIT P4 A TRUE COPY OF THE ORDER NO.LA.VI/10237/2012 DATED 14.01.2013 OF THE KERALA STATE ELECTRICITY BOARD, EXHIBIT P5 A TRUE COPY OF THE ORDER B.O. (FTD)NO.2033/2014 (DGC/AEE-II/DATA & SOR/2014)DATED 25.07.2014 EXHIBIT P6 A TRUE COPY OF THE ORDER BO(FTD)NO.2495/2016 (NO D (D&S)/D6-AE 1/PROPOSAL 02/2015 DATED 25.08.2016 ISSUED BY THE KERALA STATE ELECTRICITY BOARD LIMITED EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 08.03.2017 PASSED BY THIS HONOURABLE COURT IN W.P(C)NO.26720 OF 2015.

EXHIBIT P8 A TRUE COPY OF THE ORDER NO.LA.II/5759/2017 DATED 05.10.2017 ISSUED BY THE KERALA STATE ELECTRICITY BOARD LIMITED.

APPENDIX OF WP(C) 40020/2017

PETITIONER EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY OF THE BOARD ORDER DATED 5.10.2017 EXHIBIT P2 A TRUE PHOTOCOPY OF THE MEMORANDUM OF SETTLEMENT OF THE BOARD AND THE UNION EXHIBIT P3 A TRUE PHOTOCOPY OF THE JUDGMENT IN WP.C NO.27073/2006 DATED 16.11.2011 EXHIBIT P4 A TRUE PHOTOCOPY OF THE BOARD ORDER DATED 14.01.2013 IN COMPLIANCE OF THE JUDGMENT EXHIBIT P5 A TRUE PHOTOCOPY OF THE BOARD ORDER DATED 1.2.2013 TO GIVE EFFECT TO THE PETITIONER EXHIBIT P6 A TRUE PHOTOCOPY OF THE STATEMENT FILED BY THE KSEB TO EFFECT THE PAYMENT EXHIBIT P7 A TRUE PHOTOCOPY OF THE LETTER OF THE KSEB DATED 30.5.2016 EXHIBIT P8 A TRUE PHOTOCOPY OF THE BOARD ORDER (FTD)NO.2033/2014 (DGC/AEE-II/DATA & SOR/2014)DATED 25.7.2014.

EXHIBIT P9 A TRUE PHOTOCOPY OF THE JUDGMENT IN WP.C NO.8582/2012 DATED 15.6.2012 EXHIBIT P10 A TRUE PHOTOCOPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE KSEB DATED 6.5.2015 EXHIBIT P11 A TRUE PHOTOCOPY OF THE ORDER OF THE KSEB DATED 25.8.2016 REGARDING THE FUTURE TENDERS.