IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 W.P.(C).No.19329 of 2008(S) ------------------------- -------------------------- PETITIONER:- ------------------- KERALA STATE SECURITY STAFF ASSOCIATION (REG NO.01/10/97) TC 27/1643, STATUE ROAD THIRUVANANTHAPURAM-695001 REPRESENTED BY ITS SECRETARY, JAYAKUMAR KAIMAL, AGED 48, S/O.PURUSHOTHAMAN PILLAI, GEENA VIHAR, AYYAMPAD P.O HARIPPAD, ALLEPPEY DISTRICT. BY ADV. SRI.VINOD VALLIKAPPAN RESPONDENTS:- -------------------------- 1. INLAND WATERWAYS AUTHORITY OF INDIA, A -13, SECTOR-1, NOIDA, UTTAR PRADESH, PIN 201 301 REPRESENTED BY ITS CHAIRMAN. 2. THE DIRECTOR, INLAND WATERWAYS AUTHORITY OF INDIA, NATIONAL WATERWAY ROAD, NH-47 BYEPASS, KANNADIKKADU, MARADU, ERNAKULAM 682 304. 3. REGIONAL LABOUR COMMISSIONER (CENTRAL) KAKKANAD, COCHIN. W.P.(C) NO.19329 OF 2008 - 2 - 4. THE GOVT.OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF SHIPPING, SECRETARIT, NEW DELHI. 5. GROUP 7 GUARDS (INDIA) PVT. LTD RAH VIHAR, 28/952-A, CHERUPARAMBATHU ROAD KADAVANTHRA,COCHIN. 6. THE KERALA INDUSTRIAL SECUTIRY FORCE, 20/374, YMCA ROD, VALLAKALIL JUNCTION MUVATTUPUZHA. 7. RELIANCE SECURITY AGENCY, SNDP BUILDING, KARUNAGAPPALLY, KOLLAM DISTRICT. R1 TO R4 BY ADDL.C.G.S.C. SRI.THOMAS J.ANAKKALLUNKAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu, C.J. & A.K.Basheer, J. --------------------------------------------- W.P.(C).No.19329 of 2008-S -------------------------------------------- Dated, this the 26th day of June, 2008 JUDGMENT H.L.Dattu,C.J. In this petition filed under Article 226 of the Constitution, the petitioner seeks the following reliefs:- “a) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P3 and P4 tender and quash the same. (b) Issue a declaration that the petitioner association are entitled for the minimum wages and such other mandatory statutory contributions. (c) Issue a writ of Mandamus or any other appropriate writ order or direction against the respondents 1 and 2 to make re-tender fixing the minimum rates of wages payable to the workers with the statutory contributions and tax and not to accept any tender below the rates so fixed”. 2. The awarder has awarded the contract to 5th respondent for a particular purpose. The grievance of the petitioner-organization is that the 5th respondent may not be in a position to pay up their wages and, therefore, the contract should not be awarded to the 5th respondent. W.P.(C).No.19329 of 2008-S - 2 - 3. In our opinion, in a petition, filed in the style of “public interest litigation”, all these things cannot be looked into by this Court. If, for any reason, the contractor does not pay the minimum wages to the workmen of the petitioner-organization, if for any reason he engages them for executing the work awarded by the awarder, they can go before the appropriate forum and seek appropriate reliefs. In that view of the matter, we decline to entertain this writ petition. Accordingly, the writ petition requires to be rejected and it is rejected. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge