MAHESH PRASAD MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, a Special Class Contractor under Government of Orissa, is before this Court seeking for issuance of a writ of certiorari to quash Annexure-5 and a writ of mandamus to the opposite parties to pay the enhanced rate of wages of labour component on the items of work under the agreement urging various facts and legal contentions.

(2.) Brief facts are stated for the purpose of appreciating the rival legal contentions urged in this writ petition with a view to find out as to whether the petitioner is entitled to the relief sought for in this writ petition.

(3.) The opposite-parties Government of Orissa, Rural Development Department invited tenders for construction/upgradation/maintenance of Rural Roads and C.D. Works under the Pradhan Mantri Gramya Sadaka Yojana (PMGSY) Package No.OR/09-ADB/111. The petitioner's tender being the lowest one, he was awarded the tender work. The last date to submit tender was 29.01.2009 and the agreement was entered into on 29.7.2009 between opposite party No.1 represented by O.P. No.3 and petitioner. It is stated that after the tenders were accepted and before the agreements were executed for execution of the aforesaid work the minimum wages of labour was revised under the Minimum Wages Act, 1948 in respect of labours, i.e. unskilled, semi-skilled, skilled and highly skilled in the construction and maintenance of Road vide notification dated 13.7.2009 of the Labour and Employment Department, Government of Orissa. The said revised minimum wages was payable to the unskilled, semi-skilled, skilled and highly skilled labourers employed in the State respectively at the rate of Rs. 90, Rs. 103/-, Rs. 116/- and Rs. 129/- per day respectively. The State Government estimated the aforesaid work taking into consideration the rate of wages of unskilled labour at Rs. 70.00 per day. The enhanced wage component of the workmen was required to be paid pursuant to the statutory increase of the wages as provided under Sections 4 and 5 of the Minimum Wages Act and the notification issued in this regard by the State Government. Therefore, request was made to the Government but the Government has refused the same by issuing the impugned orders Annexure-5 contending that there is no clause in the agreement for payment of price escalation under the terms of DTCN. Therefore, the request made by the petitioner in connection with enhanced wage/ material rates was not acceptable.