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2019 DIGILAW 1588 (JHR)

G. M. Inter College v. State Of Jharkhand

2019-09-12

SUJIT NARAYAN PRASAD

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JUDGMENT Sujit Narayan Prasad, J. - This writ petition is under Article 226 of the Constitution of India whereby and whereunder a direction has been sought for upon the respondents to pay the amount of bills in favour of petitioner to the tune of Rs. 2,23,89,250/- along with statutory interest of 12 % since the date of completion of training. 2. It is the case of the petitioner that pursuant to the agreement entered in between the petitioner and the concerned competent authority of the respondents, work has been performed, thereafter, the bills has been submitted but payment has not been made as yet. 3. Learned counsel for the petitioner has referred to Annexure 4, which is a representation made by the petitioner to Labour Commissioner-cum- Jharkhand Bhawan Aivum Anyaa Sharm Nirman Karmakaar Board, annexing therewith the details of Inspection Report whereby and whereunder the petitioner has sought for for making payment of the said dues amount but as yet the amount has not been paid in favour of the petitioner. 4. Learned counsel for the respondents has submitted that work executed by the petitioner needs to be verified and the petitioner is required to strictly prove its case, hence, it has been submitted that if the petitioner will be directed to approach the authority along with all relevant documents in support of work performed, appropriate decision shall be taken by the authority concerned in accordance with law within a stipulated period of time. 5. The same has not been objected to by learned counsel for the petitioner. 6. This Court, after hearing learned counsel for the parties and upon considering the rival submissions, is of the view that matter needs to be considered with respect to entitlement of the petitioner by the Labour Commissioner, who happens to be Chairman of the Board. 7. Accordingly, the writ petition is disposed of giving liberty to the petitioner to approach before the Labour Commissionercum-President, Jharkhand Bhawan Aivum Anyaa Sharm Nirman Karmkaar Board by way of submitting an application supported by relevant documents, upon which, the petitioner relies upon, within a period of three weeks from the date of receipt of this order. 7. Accordingly, the writ petition is disposed of giving liberty to the petitioner to approach before the Labour Commissionercum-President, Jharkhand Bhawan Aivum Anyaa Sharm Nirman Karmkaar Board by way of submitting an application supported by relevant documents, upon which, the petitioner relies upon, within a period of three weeks from the date of receipt of this order. Upon receipt of such application, he will verify by calling upon the local authorities in order to assess the work, which has actually been performed by the petitioner and thereafter take decision within a period of eight weeks from the date of receipt of such application. 8. Needless to say, if on enquiry, the authorities come to the conclusion that the petitioner is entitled to get the amount in question, the same shall be disbursed in his favour within a period of four weeks thereafter. 9. However, if the concerned authority is disputing the amount or part thereof on any ground thereof, the same shall be communicated to the petitioner by passing an appropriate order within the aforesaid period. 10. With the aforesaid observations and directions, the writ petition stands disposed of.