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THE CALICUT CONSTRUCTION LABOUR CONTRACT versus THE ASSISTANT REGISTRAR OF CO

High Court of Kerala

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THE CALICUT CONSTRUCTION LABOUR CONTRACT v. THE ASSISTANT REGISTRAR OF CO-OPERATIVE - WP(C) No. 19504 of 2007(V) [2007] RD-KL 11314 (26 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19504 of 2007(V)

1. THE CALICUT CONSTRUCTION LABOUR CONTRACT
... Petitioner

Vs

1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE
... Respondent

2. THE JOINT REGISTRAR OF CO-OPERATIVE

3. THE ASSISTANT EXECUTIVE ENGINEER,

4. THE ASSISTANT EXECUTIVE ENGINEER,

For Petitioner :SRI.M.SASINDRAN

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :26/06/2007

O R D E R

S.SIRI JAGAN, J

W.P.(C).No. 19504/2007 Dated this 26th day of June, 2007

JUDGMENT

Heard the learned counsel for the petitioner as also the Government Pleader.

2. The petitioner is a Labour Contract of Co- operative Society. As per the Ext.P1 Government Order, they are entitled to preference in the matter of award of contract works. However, for that purpose they have to furnish a certificate issued by the first respondent regarding the 'work-in-hand' of the petitioner, Society. Now notifications inviting tenders have been issued. However, since the first respondent is not issuing 'work-in- hand' certificate the petitioner is prejudiced in the matter of submission of tenders.

3. In the above circumstances the petitioner seeks the following reliefs:-

(i). Issue a writ of mandamus or any other writ order direction to the first respondent to issue the 'work-in-hand' certificate as requested in Ext.P11 to W.P.(C).19504/2007 2 the petitioner forthwith for participating in the Ext.P9 and P10 tender proceedings. (ii). To declare that the first respondent is duty bound to issued the 'work-in-hand' certificate on getting the application from a co-operative society, as contemplated in Ext.P1 Government order without delay. (iii). To direct the second respondent to conduct an enquiry against the first respondent for the delay in issuing the 'work-in-hand' certificate to the petitioner co-operative society which resulted in make the society unable to participate the tender proceedings.

4. After hearing both sides, I dispose of this writ petition with the following directions:- The first respondent is directed to consider Ext.P11 application of the petitioner for issue of 'work-in-hand' certificate as expeditiously as possible at any rate within two weeks from the date of receipt of a copy of this judgment. In the meanwhile, the respondents 3 and 4 shall allow the petitioner to participate in the tender W.P.(C).19504/2007 3 notified as per Exts.P9 and P10 without insisting on production of work-in-hand certificate. However, if the tenders are awarded to the petitioner, the petitioner need to be allowed to sign the agreement only after the production of the 'work-in-hand' certificate. The W.P.(C) is disposed of as above. S.SIRI JAGAN

JUDGE

mrcs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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