Orissa
State Housing Board Vs. Sitaram Lal [2009] INSC 1506 (28 August 2009)
Judgment
IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5872 OF
2009 [Arising out of SLP(C) No. 10562/2008] ORISSA STATE HOUSING BOARD ...
APPELLANT(S) :VERSUS:
CIVIL
APPEAL NO. 5873 OF 2009 [Arising out of SLP(C) No. 12681/2008]
O R D E R
1.
Leave granted.
We have
heard the learned counsel for the parties.
The
Orissa State Housing Board (hereinafter referred to as the 'Board') advertised
a sealed tender for construction of 50 High Income Group (Duplex) houses at
Jagmara within the Municipal Corporation of Bhubaneswar. The contract for the
said construction was granted to Sitaram Lal - the respondent herein. The
stipulated date for completion of the duplex houses was fixed as 1.2.1991 and
the total value of the work was 1.18 crores.
2.
As the respondent could not complete the said project within the
stipulated period, he requested the Board for some more time for completion of
the project.
The Board
agreed to give more time to the respondent for completing the project work on
the condition that the respondent would not claim for the escalated cost of
materials and the labour charges except for the payment of extra amount which
was paid to the labourers by virtue of the revised wages as per the Minimum
Wages Act and the Government Circular/Guidelines.
The
respondent filed a writ petition before the Orissa High Court with a prayer to
declare that he is entitled to be compensated for the escalated cost of
materials and the labour charges paid to the labourers by virtue of the revised
wages as per the Minimum Wages Act and the Government Circular/Guidelines.
Learned
counsel for the respondent submitted, on instructions, that he is not pressing
for additional amount towards the escalated cost of materials and his prayer is
now confined only to the revised wages as per the Minimum Wages Act and the
Government Circular/Guidelines issued by the Government of Orissa.
The
prayer seems to us to be reasonable.
3.
3 Learned counsel for the appellant Board submitted that the
respondent has already been paid the revised wages as per the Minimum Wages Act
and the Government Circular/Guidelines issued by the State of Orissa, which is
disputed by the learned counsel for the respondent.
In the
facts and circumstances of this case, we direct that in case the respondent has
not been paid the revised wages as per the Minimum Wages Act and the Government
Circular/guidelines issued by the State of Orissa, the same would be paid to
him within eight weeks from the date of communication of this order. The
minimum wages shall be paid according to the supplementary agreement executed
by and between the parties.
The
impugned judgments dated 19.7.2007 of the High Court of Orissa are,
accordingly, set aside and the appeals are disposed of with the aforementioned
direction.
....................J (DALVEER BHANDARI)
....................J (Dr. MUKUNDAKAM SHARMA)
NEW DELHI,
AUGUST 28, 2009.
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