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.17484/2024 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. 17484 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,
PH-CIRCLE - KOZHIKODE, KERALA WATER AUTHORITY, MALAPARAMBA.P.O,
KOZHIKODE, PIN - 673009
3. THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, KERALA
WATER AUTHORITY, PROJECT DIVISION KOZHIKODE MALAPARAMBA.P.O.,
KOZHIKODE, PIN - 673009
4. THE KERALA CONSTRUCTION WORKERS WELFARE FUND BOARD REP. BY ITS
CHAIRMAN, NIRMANBHAVAN, 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 P2 and 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 petitioner, the
court passed the following:
WP(C) No.17484/2024 2/3 Order Date : 10-05-2024
MURALI PURUSHOTHAMAN, J.
---------------------------------------------
W.P. (C) No.17484 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, 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.17484/2024 3/3 Order Date : 10-05-2024
APPENDIX OF WP(C) 17484/2024
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF E-TENDER NO.
SE/PHC/KKD/24/2022-23 DATED 27.07.2022 OF THE SECOND
RESPONDENT
Exhibit P2 TRUE COPY OF THE LETTER NO. 2090/D6/2022/ PHC-KKD DATED
24.10.2022 (WORK ORDER) ISSUED BY THE SECOND RESPONDENT
Exhibit P3 TRUE COPY OF THE ACCEPTED PRICE SCHEDULE (APPENDED TO
EXT.P2)
Exhibit P4 TRUE COPY OF THE AGREEMENT NO. SE/PHC/KKD/24/2022-23
DATED 02.11.2022
Exhibit P5 TRUE COPY OF THE CB-3 VOUCHER DATED 24.11.2022
PERTAINING TO CC FIRST & PART BILL OF THE SUBJECT WORK
Exhibit P6 TRUE COPY OF THE CB-3 VOUCHER DATED 16.12.2022
PERTAINING TO CC SECOND & PART BILL OF THE SUBJECT WORK
Exhibit P7 TRUE COPY OF THE CB-3 VOUCHER DATED 27.03.2023
PERTAINING TO CC THIRD & PART BILL OF THE SUBJECT WORK
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 06.12.2023 IN WRIT
PETITION (CIVIL) NO. 39019/2023
Exhibit P9 A 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 P10 TRUE COPY OF THE ORDER DATED 11.04.2024 IN WRIT
