MANOJKUMAR K.R. Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner undertook the work of fabrication of 2 line cross arm with clamps in Central Mechanical Division Production Shop, Pallam in response to tender notification on 01.08.2009. Though the work was completed, respondents 1 to 5 were not releasing final work bill. Therefore the petitioner seeks to issue a writ of mandamus directing the respondents to release the amounts due to the petitioner consequent to the execution of work with 18% interest per annum.

(2.) The learned Standing Counsel for respondents 1 to 5 submits that the 6th respondent in the writ petition who was a workman engaged by the petitioner for the work in question, met with an accident during the course of employment. The 6th respondent has submitted a complaint before the Executive Engineer, KSEB, Pallam Division seeking compensation. Respondents 1 to 5 submit that the petitioner was required to execute an agreement in 'Form L' duly signed by the Deputy Labour Commissioner, Kottayam to the effect that all the amount payable on behalf of disablement compensation as per Employees Compensation Act, 1923 has been received by the 6 th respondent and is paid by the petitioner. It is the case of respondents 1 to 5 that as per the Employees Compensation Act, 1923, the disablement compensation that would be payable to the 6 th respondent would be about Rs.1,29,727/-. Unless the said amount is paid by the petitioner, the amounts due to the petitioner cannot be released.

(3.) The learned standing counsel further points out that in Ext.R1(c) Special Conditions of Contract and Instructions applicable to the petitioner, Board reserved the right to withhold reasonable amount from the contractor's bill towards such payment, till the issue is settled. The Board has also made it clear that they will not pay any such compensation or medical claim or any other types of claims on any ground. In view of Ext.R1(c) respondents 1 to 5 are entitled to withhold the amount, contends the learned Standing Counsel for respondents 1 to 5.