ASHOK KUMAR BAJAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition, the petitioners have sought for direction to the respondents to pay their admitted dues amounting to Rs. 15,14,587/ - for the works completed by them.

(2.) IN short, the relevant facts are that the Bihar State Construction Corporation (hereinafter referred to as the Corporation) entered into an agreement with the Flood Control Division, Naugachhia for execution of work of anti erosion at Goagachi (Agenda 70/155) for Rs. 1,55,98,071.45 paise. Thereafter as per its rules, the Corporation entered into separate agreement with each of the petitioners worth Rs. 5 lacs for completion of anti erosion work from Chain 38.1 to 45.1. The total estimate for the said work was Rs. 53,45,017.90 paise. The work order was issued in two phases. In the first phase work order was issued on 29.3.1999 by the Corporation to petitioners no. 1, 3, 5 and 6 and in the second phase, to the rest of the petitioners on 25.5.1999, photo copies whereof have been annexed as Annexure 1 series. The nature of work was to make slope along the river banks by removing and filling the earth and thereafter laying boulders all along the slope to prevent the current of the river during the flood from eroding the banks.

(3.) A counter affidavit has been filed on behalf of the officials of the respondent - Corporation (respondents no: 8 and 9) in which the facts aforementioned have not been disputed. It is stated that the Corporation is under complete control and supervision of the Water Resources Department, Government of Bihar, as the State Government is hundred percent shareholders of the Company. It is stated that in clause (1) of the work order it is categorically mentioned that "payment to the agency would be made only after obtaining the payment from the department concerned." In paragraph 10 it has been vaguely contended that the final bill has not been passed for the alleged work executed by the petitioners. Besides this, they have only referred to the provisions of the arbitration clause incorporated in the agreement and about the remedy available to the petitioners in the Civil Court of competent jurisdiction.