Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | casual labourers profit earned by the contractor is quashed Tender by appellant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Contract: Tender by appellant-Corporation for appointment of Handling and Transport contractor – As per the tender relevant rate of wages was to be as per the decision of pending case before Supreme Court – Corporation accepted the tender of the contractor at the negotiated rate of 471% ASOR (above the schedule rates) – On completion of contract, contractor claimed ASOR of 471% on the amount paid to the contract casual labourers – Demand rejected by the Corporation – Writ petition by Contractor seeking inter alia, additional amount for payment of contract casual labourers – Supreme Court, in the meantime, in the pending case directed the Corporation to make payment of wages to the workmen in Scale II, by its judgment dated 14.01.2010 – Single Judge of High Court allowed the writ petition of the Contractor and directed the Corporation to make payment – In appeal, Division Bench of High Court held that the contractor was not entitled to the wages to be paid to the casual labourers on 471% ASOR basis and the wages were to be paid at the rate specified in the order dated 14.1.2010 passed by Supreme Court – However, High Court finding that there was no clarity as to how the Corporation had applied the judgment dated 14.1.2010 to calculate the wages, referred the matter back to the Corporation to determine exact amount of wages – High Court also directed the Corporation to determine the profit earned by the contractor – Appeal to Supreme Court by the Contractor as well as the Corporation – Held: Division Bench of the High Court rightly held that the contractor was not entitled to the wages to be paid to the casual labourers on 471% ASOR basis and that the wages to be paid to the labourers was to be at the rate specified in the order dated 14.1.2010 – However, the direction of the Division Bench to determine the profit earned by the contractor is quashed – Remand of the matter to the Corporation shall be restricted to the determination of wages as per the order dated 14.01.2010. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2019 INSC 1305 |
Petitioner | Food Corporation Of India |
Respondent | Pratap Kundu |
SCR | [2019] 14 S.C.R. 1103 |
Judgement Date | 2019-11-29 |
Case Number | 9127 |
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