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Kerala High Court

Present vs For Information Purpose Only on 26 March, 2021

Author: P.V.Asha

Bench: P.V.Asha

WP(C) 4112/2021                                1/2



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            Present:
                      THE HONOURABLE SMT. JUSTICE P.V.ASHA

                     Friday,the 26th day of March 2021/5th Chaithra, 1943
                                   WP(C) No.4112/2021(L)
PETITIONER
           For information purpose only
       M/S.PUSHKARRAJ CONSTRUCTIONS PVT LTD
       32, K.B. SARANI, DUM DUM, KOLKATA 700 080, REPRESENTED BY ITS
       DIRECTOR, BHARATH BHASIN.
RESPONDENTS
1. CHIEF ENGINEER (NW)
    MILITARY ENGINEER SERVICE, NAVAL BASE P.O. KOCHI 682 004.
2. GARRISON ENGINEER (P),
    MILITARY ENGINEER SERVICE, NAVAL BASE P.O. KOCHI 682 004.

   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 to reimburse the
amount deducted from Exhibit P-6 RAR of the petitioner submitted for the work contract
namely "Addition/Alteration And Special Repairs to Perimeter Security wall at INS
GARUDA, Naval Base Kochi", pending disposal of the writ petition.


   This petition coming on for admission upon perusing the petition and the affidavit filed in
support of WP(C) and upon hearing the arguments of M/S. DEEPU THANKAN & UMMUL
FIDA, Advocates for the petitioner the court passed the following:-
 WP(C) 4112/2021                                2/2



                                          ORDER

The petitioner is claiming enhancement of wages on the basis of the revision of minimum wages ordered by the Government in Ext.P5 notification dated 29-07-2019. General condition No. 63 of Ext.P3 provides for enhancement of rates in the event of increase in wages over and above 10% and for reimbursement to the contractor.

Therefore, there shall be a direction to the respondents to consider the request of the For information purpose only petitioner in Ext. P6 in the light of condition 63 of Ext.P3 with reference to Ext.P5 and to effect payment subject to the result of the Writ petition, within a period of one month. Hand over.

26-03-2021 Sd/-

P.V.ASHA,JUDGE /true copy/ Sd/-

ASSISTANT REGISTRAR EXHIBIT P3 - TRUE COPY OF THE GENERAL CONDITIONS OF CONTRACTS (IAFW 2249) FOR CONTRACTS OF MES DATED NIL.

EXHIBIT P5 - TRUE COPY OF THE KERALA EXTRAORDINARY GAZETTE NOTIFICATION DATED 20/08/2019 EXHIBIT P6 - TRUE COPY OF THE RAR DATED 18/01/2021.