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.17408/2024 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. 17408 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, P
H CIRCLE - THRISSUR, KERALA WATER AUTHORITY, HIGH ROAD, SAKTHAN
THAMPURAN NAGAR,THRISSUR, PIN - 680001
3. THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, KERALA
WATER AUTHORITY, PROJECT DIVISION-NATTIKA, THRISSUR , PIN - 680566
4. THE KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD REP. BY ITS
CHAIRMAN, NIRMAN BHAVAN, 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.17408/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P. (C) No.17408 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.17408/2024 3/3 Order Date : 10-05-2024
APPENDIX OF WP(C) 17408/2024
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 E TENDER
NOTICE NO.KWA/PHC/TSR/D5-204/2022 (PART) DATED
20.12.2022 PUBLISHED BY THE SECOND RESPONDENT
Exhibit P3 TRUE COPY OF THE LETTER NO. KWA/PHC/TSR/D1/6241/2022
DATED 16.03.2023 (SELECTION NOTICE) 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. 82/SE/PHC/TSR/2022-23
DATED 31.03.2023
Exhibit P6 TRUE COPY OF THE CB-3 VOUCHER PERTAINING TO CC FIRST &
PART BILL DATED 12-09-2023
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 04.12.2023 IN WP(C) NO.
37596 OF 2023
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 11.04.2024 IN WRIT
PETITION (CIVIL) NO.15163/2024
