RATTAN LAL Vs. R.K. SETH

JUDGEMENT

(1.) This petition has been instituted against Judgment dated 9.4.2015 rendered by learned District Judge, Mandi, District Mandi, Himachal Pradesh in Civil Appeal No. 21 of 2014.

(2.) "Key facts " necessary for the adjudication of the present petition are that the petitioner filed an application stating therein that the respondent being a contractor of Irrigation & Public Health Department was awarded work of construction of sewerage tanks at Naina Devi, District Bilaspur. Respondent has engaged petitioner as sole in-charge and head of labourers’ team for completion of said work. He employed 40 labourers. Work commenced on 26.1.1997 and came to an end in October, 1997. Respondent paid only a sum of Rs. 2,63,859 out of entire amount of Rs. 3,46,880.00 and remaining amount of Rs. 83,021.00 was to be paid by the respondent to the petitioner.

(3.) Application was contested by the respondent. He denied altogether that he was awarded work of construction of sewerage tanks at Naina Devi by the Irrigation & Public Health Department and he engaged petitioner as sole incharge and head of labourers’ team. Rejoinder was filed by the petitioner.