IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 9988 of 2010(W) -------------------------------- PETITIONER: --------------- M/S. A.K.G.MEMORIAL LABOUR CONTRACT SOCIETY LTD., REG.NO.634/1997, FORT ROAD, THALASSERY - REPRESENTED BY ITS SECRETARY, A.K.PRAKASH, PRAKASH BUNGALOW, THALASSERY-1. BY ADV. MR.K.MOHANAKANNAN MRS.A.R.PRAVITHA RESPONDENTS: --------------- THE PRINCIPAL, KENDRIYA VIDHYALAYA, KANNUR. ADV. SRI.V.V.ASOKAN FOR R M/S. SAJU & SAJU - SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9988 of 2010 PETITIONER'S EXHIBITS EXT.P1: COPY OF AGREEMENT DTD 22.8.2009 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT. EXT.P2: COPY OF LETTER DATED 12.01.2010 RECEIVED. EXT.P3; COPY OF LETTER DATED 10.2.2010 ISSUED BY RESPONDENT. EXT.P4; COPY OF LAWYER NOTICE DATED 25.2.2010 SENT BY THE LAWYER ON BEHALF OF THE PETITIONER. EXT.P5: COPY OF THE COMMUNICATIION DATED 9.3.2010 RECEIVED BY THE PETITIONER FROM THE RESPONDENT. RESPONDENTS' EXHIBITS EXT.R1(a): COPY OF TENDER DOCUMENT. EXT.R1(b): COPY OF BID SUBMITTED BY PETITIONER. EXT.R1(c): COPY OF COMMUNICATION OF RESPONDENT TO THE PETITIONER. EXT.R1(d): COPY OF COMMUNICATION OF THE RESPONDENT TO THE PETITIONER. EXT.R1(e): COPY OF COMMUNICATIN OF THE RESPONDENT TO THE PETITIONER. EXT.R1(F): COPY OF THE COMMUNICATION OF THE RESPONDENT TO THE PETITIONER. EXT.R1(G): COPY OF THE COMMUNICATION OF THE RESPONDENT TO THE PETITIONER. EXT.R1(h): COPY OF THE COMMUNICATION OF THE RESPONDENT TO THE PETITIONER. EXT.R1(i): COPY OF THE COMMUNICATION OF THE RESPONDENT TO THE PETITIONER. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.9988 OF 2010 ------------------------------- Dated this the 18th day of MAY, 2010 J U D G M E N T The petitioner is a labour contract Society. They have entered into an agreement with the respondent for supply of cleaning workers. On allegation that the work executed by the petitioner is not satisfactory the contract has been terminated. The petitioner is challenging the same seeking the following reliefs: “(i) to issue a Writ of Certiorari or any other appropriate Writ, order or direction, to call for the records leading to Exts.P3 & P5 and quash the same; stipulated in Ext.P1 by deputing sufficient sweepers and to continue to pay the amounts as per the agreement. (iii) To issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondent to pay the arrears due as wages to the employees of the petitioner for the months of January and February, 2010 within a time frame to be fixed by this Hon'ble Court; (iv) Award t the petitioner the costs of these proceedings” I am of opinion that the resolution of this dispute involves ascertainment of facts on evidence which cannot be ordinarily W.P.(c)No.9988/10 2 done in a writ petition. Therefore, the remedy of the petitioner lies in filing a suit. Accordingly, without prejudice to the right of the petitioner to file a suit on the same cause of action, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.9988/10 3