NAGAR PARISHAD ALWAR Vs. LILADHAR YADAV

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE plaintiff-respondent filed a suit for declaration and recovery of Rs. 8,88,365/- against the defendant-appellants before the learned District Judge, Alwar which was transferred for adjudication to the learned Additional District Judge (Fast Track) No.2, Alwar (Rajasthan) (hereinafter to be referred as "learned trial court"). In the plaint, it was averred by the plaintiff-respondent that the defendant-appellants have distributed the area for Sector 8 to the plaintiff-respondent for cleaning and picking the wastage and an agreement dated 24.07.2000 was executed in this respect. After completion of the contract period on 31.03.2001, the same was extended upto 31.03.2007. In the said agreement, there was a Condition No.23 that the Municipal Corporation demanded 50 labourers from the Contractor (plaintiff) and at present the minimum wages for the period of one month will be paid and in case in future, the State Government increased the minimum wages, then the same would be paid in the same ratio in the future per month. Similarly, the plaintiff-respondent was awarded another contract of Ward No.5 which was earlier given to one Rajesh Kumar for clearing and picking the wastage vide Office Order-dated 27.12.2001 and the same was continued upto 31.03.2007. In the contract of Sector 5, there is no dispute between the parties that there was no such Condition No.23. THEre is also no dispute between the parties that vide Government notification dated 20th July 2004, the minimum wages for unskilled labour was Rs. 60 per day, which was enhanced upto Rs. 73/- per day. When the same was not paid to the plaintiff-respondent a civil suit was filed before the learned trial court.

(3.) THE learned trial court after appreciating the evidence, passed the decree of recovery of Rs, 8,88,365/- for Sector No.5 and 8 with 6% interest from the date of filing of the civil suit till the realization from the defendants-appellants.