IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 29374 of 2007(V)
1. A.K.G.MEMORIAL LABOUR CONTRACTS SOCIETY
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. THE PROJECT MANAGER,
For Petitioner :SMT.A.R.PRAVITHA
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :29/10/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C). NO. 29374 OF 2007
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Dated this the 29thday of October, 2007
J U D G M E N T
The prayer made by the petitioner in this writ petition is for payment
in terms of Ext.P1 agreement entered into between the petitioner and the
respondents for providing security guards. Petitioner claims payment in
terms of Ext.P5. However, on instruction learned counsel for the
respondents submit that in terms of Clause 6 of Ext.P1, remuneration at
the agreed rate will be paid by the respective establishment of the Board to
the Security Agency on a monthly basis on production of bills along with
detailed statement of posting of the guards. According to them, Ext.P5 is
only a consolidated bill and that too, unsupported by statement of posting
of the guards, as contemplated in Clause 6 of Ext.P1. It is also submitted
that as far as the claim for service tax is concerned, it is for the petitioner to
produce the service tax registration number and in the absence of which
the Board is not in a position to consider that claim as well.
Taking into account the submissions made by both sides, I dispose
of this writ petition making it clear that if the petitioner submits the bill as
specified by the Board in Ext.P1, the same will be considered and if any
amount is due, the payment will be made without any further delay.
ANTONY DOMINIC, JUDGE
vps
