THE STATE OF MIZORAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF MIZORAM, AIZAWL AND ORS. Vs. SH. C. NGURA, S/O LALTAWNA RESIDENT OF WHITE HOUSE, CHALTLANG, AIZAWL AND SMT. LALHNAWLI, W/O P.C. THANGZELA (L) RESIDENT OF RAMHLUN SOUTH, AIZAWL

JUDGEMENT

(1.) HEARD Mr. A.K. Rokhum, the learned Addl. Advocate General assisted by Mr. Lalsawirema, the Government Advocate for the State appellants (defendants). None appears on behalf of the respondents (plaintiffs), after this Court permitted on 21.11.2011, the withdrawal of Mr. M. Zothankhuma and Ms. D. Lalrinchhani, who were initially representing the respondents.

(2.) THE Money Suit No. 1/1995 was filed in the Court of Assistant to the Deputy Commissioner, Aizwal claiming Rs. 14,56,866/ - and interest. The 2 plaintiffs (respondents) claimed to represent the interest of 12 others, who were allegedly engaged as labour contractors, for construction of SREP Road (Rungdil Road) Section -II Part 1 (20 -40 KMP) and Part -II (24 -36 KMP) under Casual Roll Crash Programme, of the Mizoram Government. The road construction work was started on 1.2.1985 and was completed by 30.4.1095 and the plaintiffs contended that labours for the work was supplied by them and they also constructed labour camps, for accommodation of those labourers. According to the plaintiffs, the work was of urgent nature and no contract agreement was signed with the labour contractors by the department authorities.

(3.) ON the basis of the exchange of pleadings, the following issues were framed by the learned Trial Court :