STATE OF KERALA Vs. KOTTARAKKARA PUBLIC WORKS SKILLED WORKERS LABOUR CONTRACT CO OPERATIVE SOCIETY LIMITED

JUDGEMENT

(1.) These Writ Appeals are filed by the State of Kerala and also other Officials of the Public Works Department. In these Writ Appeals, the challenge is against the judgment of the learned single Judge directing the appellants to pay the respondents the amount covered by the bills for the work done by them as contractors.

(2.) Petitioners in the Original Petitions are contractors registered with the Government of Kerala. They have undertaken works on the basis of contract for the construction of roads, bridges, etc. The contract is awarded on the basis of tenders invited and thereafter, the contractor who has been chosen for the work, executes an agreement with the Government containing conditions regarding the governance of the contract. In all these cases, grievance of the petitioners is that even though the works undertaken by them has been completed, they were not paid the amounts due to them as per the final bills. The grievance appears to be that the works have been completed long ago. But the Government is not paying the amount on the pretext that there is lack of funds.

(3.) When the Original Petitions came up for admission before the learned single Judge, Government Pleader took notice in these matters and posted the cases for instructions of the Government. When the cases were posted, the Government Pleader, on instructions, submitted that it is true that amounts are payable. But due to lack of funds, the Government was not able to pay the amount immediately. The learned Judge, after recording the above submission disposed of the cases directing the appellants to disburse the amount within a time limit, failing which, it was stated that the appellants will be liable to pay interest at 12%. While disposing of the Original Petitions, the learned single Judge relied on a Division Bench decision of this Court in Anirudhan v. State of Kerala, (1999) 2 Ker LJ 252. It is against the above judgment that these appeals have been filed.