SATWANT SINGH GILL Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) This writ petition was originally filed by one Satwant Singh Gill claiming that he is entitled to the differential amount towards minimum wages paid to the labourers during execution of a contract work awarded by the opp.parties and seeking a direction from this Court to the opp.parties to make payment of the same. It appears that during pendency of the writ petition, the said original writ petitioner expired leaving behind him, his legal heirs who have been substituted in this writ petition as petitioners.

(2.) The petitioners in this writ application have prayed for issuance of writ directing the opp.parties to make payment of the differential amount towards minimum wages and towards enhancement of royalty with effect from 29.8.1990.

(3.) The facts leading to this case as averred in the writ petition are that pursuant to a Tender Call Notice published in the year, 1998 for execution of a contract work, i.e., (Improvement of Raighat to Guru Singha Road) the tender of the original petitioner was accepted after negotiation, by the opp.party No.3, by his letter dated 16.3.1990. Subsequently, the F2 agreement was executed on 22.11.1990 basing on the approved accepted rate of the original petitioner, by the Chief Engineer-opp.party No.2. The work was to be completed by 21.1.1991 but the same was actually completed on 21.1.1992 after extension for completion of the work was granted by the opp.party No.2. It is the case of the petitioners that after said late Satawat Singh Gill offered his quoted amount by submitting his tender on 15.12.1989 and before agreement was executed on 22.1.1990, by a circular issued by the Government of Orissa, 'minimum wages' was enhanced from Rs. 11/- to Rs.25 per day and he paid the labourers according to the said enhanced rate, i.e., at Rs.25/- per day. The petitioners claim that on the representation dated 17.7.1993 under Annexure-1, the Executive Engineer recommended the case for consideration of the Superintending Engineer with regard to payment of differential amount towards labourer rate under Annexure-1 to the writ petition and though repeatedly several correspondences have been made between the parties, the differential amount towards the labourer component as well as towards the amount on account of enhancement of royalty of metals and chips, the opp.parties have not paid the same.