Orissa High Court
M/S. Bansal Infra Projects Pvt. ... vs State Of Odisha & Others on 9 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.5749 of 2023
M/s. Bansal Infra Projects Pvt. Ltd.......... Petitioner
Mr. Achyutanda Pattanaik, Advocate
-Versus-
State of Odisha & others .......... Opp. Parties
Mr. D. Nayak,
Addl. Government Advocate
CORAM:
JUSTICE S. TALAPATRA
JUSTICE SAVITRI RATHO
ORDER
09.03.2023
Order No.
01. 1. This matter is taken up through Hybrid Mode.
2. Heard Mr. Achyutananda Pattanaik, learned counsel
appearing for the petitioner as well as Mr. D. Nayak, learned Addl.
Government Advocate appearing for the State-opposite parties.
3. The petitioner is a Super Class Contractor, engaged by the
opposite party No.3 for execution of the work in terms of the
agreement. It may be noted that the said agreement was signed for the
Governor, representing the State, by the Executive Engineer, Rural
Works Division, Nuapada.
4. The petitioner has, by means of this writ petition, urged this
Court for issuance of a writ of mandamus directing the opposite party
No.3 to reimburse the differential amount as accrued for enhancement
of minimum wages in terms of the Notification No.1112 dated
24.07.2015, Annexure-2 to this writ petition.
5. It has been claimed by the petitioner that he has paid the
minimum wages, as enhanced by the above referred notification to the
labourers in the course of execution of the works under the agreement.
6. Mr. Pattanaik, learned counsel for the petitioner has made a
reference to the judgment of this Court in Mahesh Prasad Mishra vs.
State of Orissa & others, reported in 2012 (Supp.-I) OLR-1035. In
the said judgment, it has been observed thus:
"8. In view of the aforesaid statement of law which has
been declared by the Supreme Court and followed by the
Division Bench of this Court in Suryamani Nayak and
another Division Bench in Surendranath Kanungo v. State
of Orissa and M/s. Niligiri Corporation Society Ltd.
(supra), the claim of the petitioner is covered by the
decision of the Division Bench. Therefore, the same shall
be applied to the fact situation and relief be granted. In
view of the clear pronouncement of the Supreme Court
which has been followed by this Court in the aforesaid
cases, the stand taken by the State justifying the impugned
order cannot be accepted. Accordingly, the impugned
orders rejecting the petitioner's prayer for payment of
price escalation/enhancement of rate of wages of labour
and materials vide Annexure-5 is liable to be quashed and
is accordingly quashed. The writ petition is accordingly
allowed. Direction is given to the opposite parties to pay
the enhanced rate of wages of labour component under the
agreement as per Govt. Notification dated 13.7.2009 under
Annexure-2."
7. Mr. Pattanaik, learned counsel has submitted further that the
similar direction may be passed in this case also.
8. Mr. D. Nayak, learned Addl. Government Advocate referring
to the representation filed by the petitioner on 15.12.2022, Annexure-
5 to the writ petition, has contended that the said representation will
be taken due care of, but it will be expedient, if the petitioner files a
fresh representation cataloguing the wages on different points of time
and accounting the differential amount that would accrue on the
account of the petitioner, in terms of the Notification dated
24.07.2015.
9. Having appreciated the submission of the counsel for the
parties, we dispose of the writ petition with the following direction:
We direct the petitioner to file a fresh representation laying
down the details of the claim within a period of 15 (fifteen) days from
today. At the same time, we direct the opposite party No.3 in
particular to consider the representation and reimburse the differential
wages in terms of the Notification No.1112 dated 24.07.2015,
Annexure-2 to the writ petition.
10. The entire exercise shall be completed by the opposite party
No.3 within a period of six weeks from the date of receiving the
representation from the petitioner.
11. There shall be no order as to cost.
(S. Talapatra)
Judge
(Savitri Ratho)
Judge
Subhasis
