Kerala High Court

Kseb vs State Of Kerala on 28 June, 2024

Author: Amit Rawal

Bench: Amit Rawal

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
        FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                        WP(C) NO. 3746 OF 2014
PETITIONERS:

    1      KSEB
           PETTY CONTRACTORS & CASUAL LINE WORKERS UNION,
           T.C.7/7165, REG.NO.01/2/08, H.O.ULLOOR,
           THIRUVANANTHAPURAM
           REPRESENTED BY ITS GENERAL SECRETARY SRI.M.A.DAVID,
           CAMP: P.O.THALAKOTTUKARA,THRISSUR DISTRICT - 680 501

    2      K.J.SHAJU
           KALLIKKADAN HOUSE, NEAR CHURCH, P.O.KODANNUR,
           THRISSUR - 680 563 (CONTRACTOR, WORK AT KOORKKANCHERRY
           SECTION OFFICE, THRISSUR CIRCLE,KSEB,
           THRISSUR EAST DIVISION)

    3      FRANCIS DAVI C
           CHIRIYANKANDATH HOUSE, P.O.MUNDATHICODE,
           THIRUTHIPARAMBU (CONTRACTOR, WORK AT KUNNAMKULAMSECTION
           OFFICE, KUNNAMKULAM DIVISION, KSEB, THRISSUR CIRCLE)

    4      C.O.ROCKY
           SON OF OUSEPH, CHERAMBAN HOUSE, KIRALOOR P.O.,
           THRISSUR DISTRICT (CONTRACTOR ELECTRICAL
           SECTION,KEECHERRY, KUNNAMKULAM DIVISION, KSEB,
           THRISSURCIRCLE)

    5      DIBIL N.B
           SON OF BHARATHAN, NADUVILPURACKAL HOUSE, ANJUR,
           MUNDOOR P.O., THRISSUR DISTRICT (CONTRACTORELECTRICAL
           SECTION, KSEB, MUNDOOR, KUNNAMKULAMDIVISION, THRISSUR
           CIRCLE)

    6      A.R.KUNJU
           SON OF RAGHAVAN, ADIYODI VALAPPIL HOUSE,
           THANGALOORP.O., THRISSUR DISTRICT (CONTRACTOR,
           ELECTRICALSECTION, KSEB, MUNDOOR, KUNNAMKULAM
           DIVISION,THRISSUR CIRCLE)

    7      RAVI N.C.
           S/O.CHATHAN, NAMBIDIPARAMBIL HOUSE, KATTUKAMPALP.O,
           THRISSUR DISTRICT, (CONTRACTOR, ELECTRICALSECTION BBR
           KUNNAMKULAM DIVISION, KSEB,THRISSUR CIRCLE)
 WP(C) NO. 3746 OF 2014
                            2


    8    PRABIN DAS A.S.
         SON OF SANKARAN A.A., ARIYARATH HOUSE, PENGAMUCK
         POTHRISSUR DISTRICT, (CONTRACTOR, ELECTRICAL
         SECTION,KSEB, PERUMBILAVU, KUNNAMKULAM DIVISION,
         THRISSUR CIRCLE)

    9    SHAJI M.A.
         MUNDANTHARA HOUSE, THOZHIYOOR P.O., THRISSUR
         DISTRICT (CONTRACTOR ELECTRICAL SECTION
         BBRKUNNAMKULAM DIVISION, KSEB, THRISSUR CIRCLE)

   10    ASWHRAF M
         MEPPURATHU HOUSE, P.O.PALAPETTY, THRISSUR
         DISTRICT(CONTRACTOR, ELECTRICAL SECTION,
         PUNNAYOORKULAM,KSEB, KUNNAMKULAM DIVISION,
         THRISSUR CIRCLE)

   11    M.P.CHANDRASEKHARAN
         PERUMBIL HOUSE, CHETTUPUZHA P.O., THRISSUR
         DISTRICT(CONTRACTOR, ARIMBOOR SECTION OFFICE,
         KSEB, THRISSUR EAST DIVISION, THRISSUR CIRCLE)

   12    T.R.SHANTY
         THANDAKULAM HOUSE, P.O.PUNNAYOORKULAM
         ALTHARA,CONTRACTOR, PUNNAYOORKULAM SECTION,
         KSEB,KUNNAMKULAM DIVISION, THRISSUR CIRCLE)

   13    P.GOPALAN
         PAROLOR HOUSE, THRITHALOOR P.O., THRISSUR
         DISTRICT(CONTRACTOR, ELECTRICAL SECTION, KSEB,
         PAZHANI,KUNNAMKULAM DIVISION, THRISSUR DISTRICT)

         BY ADVS.
         SRI.K.RAMAKUMAR (SR.)
         SMT.ASHA BABU
         SRI.S.M.PRASANTH



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY, GOVERNMENT
 WP(C) NO. 3746 OF 2014
                            3


         SECRETARIAT, THIRUVANANTHAPURAM - 695 001

    2    THE KERALA STATE ELECTRICITY BOARD
         REPRESENTED BY ITS SECRETARY, VAIDHYUTHI
         BHAVAN,PATTOM, THIRUVANANTHAPURAM - 695 004

    3    THE CHIEF ENGINEER (HRM)
         KERALA STATE ELECTRICITY BOARD, VAIDHYUTHI
         BHAVAN,PATTOM, THIRUVANANTHAPURAM - 695 004.

    4    THE CHIEF ENGINEER
         CENTRAL CIRCLE KERALA STATE ELECTRICITY
         BOARD,ERNAKULAM VYTTILA KOCHI - 682 019.

    5    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, THRISSUR - 680 004

    6    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, IRINJALAKUDA - 680 121

    7    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, PALAKKAD - 678 001

    8    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, KULAPPULLY,
         SHORNUR -679 122

    9    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, TIRUR,
         MALAPPURAM DISTRICT 676 101

   10    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, MANJERI - 676 121.

   11    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, MALAPPURAM - 676 505.

   12    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, BEACH ROAD,
         KOZHIKODE,PIN - 673 001.

   13    THE DEPUTY CHIEF ENGINEER
 WP(C) NO. 3746 OF 2014
                            4


         ELECTRICAL CIRCLE, KSEB,
         KALPETTA, WAYANAD - 673 121.

   14    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, KANNUR - 670 001

   15    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, KASARAGOD - 671 121.

   16    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, P.H.ROAD,
         ERNAKULAM -682 012.

   17    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB,
         PERUMBAVOOR, PIN -683 542

   18    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, ALAPPUZHA - 688 001

   19    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, KOTTAYAM - 686 001

   20    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, THODUPUZHA - 685 584

   21    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, KOTTARAKKARA - 691 506.

   22    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, KOLLAM - 691 001

   23    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB NORTH
         THIRUVANANTHAPURAM -695 004

   24    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB SOUTH,
         THIRUVANANTHAPURAM -695 004

   25    THE DEPUTY CHIEF ENGINEER
         ELECTRICAL CIRCLE, KSEB, RURAL,
 WP(C) NO. 3746 OF 2014
                            5


         THIRUVANANTHAPURAM695 004



   26    THE CHIEF PERSONNEL OFFICER KSEB
         VYDHUTHI BHAVANAM, PATTOM,
         THIRUVANANTHAPURAM -695 004.

         BY ADV SRI.K.S.ANIL, SC, KSEB




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3746 OF 2014
                                              6



                                   JUDGMENT

1. Petitioners, as an association as well as

individually, have approached this Court with the following

prayers:

i) To call for the records leading upto Ext.P15 and quash the same by the issuance of a Writ of Certiorari or any other appropriate Writ, order or direction.

ii) To issue a Writ of Mandamus commanding the Kerala State Electricity Board to disburse the monetary benefits arising out of the revised PWD rates agreed to by the Board and directed by this Hon'ble Court in full for the period from 3.9.2011 to 1.10.2012, forthwith.

iii) To declare that the denial of the aforesaid benefits to a section of the persons eligible is violative of Articles 14, 16 and 21 of the Constitution of India.

iv) To issue a Writ of Mandamus commanding the respondents and the officers in the KSEB including Transmission Circle and Generation Department of the KSEB to pay the revised PWD Labour rate of 2010 and 2012.

v) To issue a Writ of Mandamus commanding the respondents to disburse all arrears with effect from 01.12.2004 (revision of 2004 PWD labour rate) as stated WP(C) NO. 3746 OF 2014

in Ext.P14.

vi) To issue such other writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. A detailed representation has been made as

Ext.P16. The stand of the respondents has been that the

demand for applicability of PWD rate is totally unjustified

since the works in the KSEB is being carried out by inviting

competitive tenders. The contractor has the right to quote

above estimate rate, if he feels the estimate rate is

inadequate for assuring minimum wages to the labours

engaged by him. No doubt PWD rate is being adopted by the

Kerala State Electricity Board by issuing separate orders from

time to time, but has to be with prospective effect. Be that as

it may. Once a representation has been submitted, I am of

the view that the grievance of the petitioners against non

implementation of order Ext.P15 can always be addressed by

the KSEB by looking into Ext.P16 representation.

3. Without expressing any opinion on the merits of the

matter, 2nd respondent is directed take call on Ext.P16. WP(C) NO. 3746 OF 2014

Liberty is granted to submit additional documents for

vindication of the grievance. Respondent No.2 shall decide the

same in accordance with law after affording an opportunity of

hearing within a period of two months from the date of

receipt of copy of this judgment. In case any action has

already been taken on Ext.P16, the same shall be supplied to

the petitioners who would be at liberty to challenge the same

in accordance with law, if aggrieved.

Writ petition stands disposed off.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 3746 OF 2014

APPENDIX OF WP(C) 3746/2014

PETITIONER EXHIBITS

TRUE COPY OF THE MEMORANDUM OF EXT.P-1:

SETTLEMENT DATED 29.6.1995

TRUE COPY OF THE ORDER DATED 10.7.1995 EXT.P-2:

ISSUED BY THE KSEB

TRUE COPY OF THE CIRCULAR DATED EXT.P-3:

12.2.1996 ISSUED BY THE KSEB

TRUE COPY OF THE ORDER G.O(RT) NO.1151/2011/PWD DATED 3.9.2011 ISSUED EXT.P-4:

BY THE PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA

TRUE COPY OF THE JUDGEMENT DATED EXT.P-5:

15.6.2012 IN WPC NO.8582 OF 2012

TRUE COPY OF THE ORDER DATED 1.2.2013 EXT.P-6:

ISSUED BY THE KSEB

TRUE COPY OF THE REPRESENTATION DATED EXT.P-7:

11.2.2013 SUBMITTED BY THE PETITIONERS

TRUE COPY OF JUDGEMENT IN WPC NO.10408 EXT.P-8:

OF 2013 DT.11.4.2013

TRUE COPY OF REPRESENTATION DT.24.8.13 EXT.P-9:

SUBMITTED BY THE FIRST PETITIONER

TRUE COPY OF APPLICATION IN CONTEMPT OF EXT.P-10:

COURT CASE NO.1174/2013 DT.25.9.2013

TRUE COPY OF THE LETTER EXT.P-11: NO.LA/VI/7647/2013 DT.15.10.2013 OF THE SENIOR LABOUR OFFICER, KSEB

EXT.P-12: TRUE COPY OF REPRESENTATION DT.21.10.13 SUBMITTED BY THE FIRST PETITIONER WP(C) NO. 3746 OF 2014

TRUE COPY OF REPRESENTATION DT.11.11.13 EXT.P-13: