IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 19536 of 2010(N) --------------------------------------- PETITIONER(S): ----------------------- P. RAMESHAN, S/O.KANARAN, AGED 49 YEARS, PRESIDENT, URALUNGAL LABOUR CO-OPERATIVE SOCIETY LTD., MADAPPALLY COLLEGE P.O.,VATAKRA, KOZHIKODE DISTRICT. BY ADV. SRI.K.V.PAVITHRAN, SRI.M.P.JAYANANDAN. RESPONDENT(S): -------------------------- 1. MANAGING DIRECTOR, KERALA STATE CONSTRUCTION CORPORATION LTD. P.B.NO.1944, KOCHI-18 2. GENERAL MANAGER, KERALA STATE CONTRUCTION CORPORATION, KOZHIKODE-673 571. 3. EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOZHIKODE, PIN-673 574. R1 & R2 BY ADV. SRI.M.V.THAMBAN, SC., KSCC LTD. R3 BY GOVT. PLEADER MR.DILEEP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19536/2010-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PAGES OF AGREEMENT DATED 11/11/2005 ENTERED INTO BETWEEN PETITIONER AND 1ST RESPONDENT. EXT.P2: COPY OF THE LETTER DATED 06/07/2005 OF THE 2ND RESPONDENT TO THE PETITIONER INSTRUCTING TO SUBMIT OFFERS FOR TAKING UP THE WORK TO 31/12/2004. EXT.P3: COPY OF THE LETTER OF 3RD RESPONDENT TO THE PETITIONER DETAILING THE PAYMENT PARTICULARS TO 3RD RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 29/12/2008 OF THE PETITIONER TO 1ST RESPONDENT TO RELEASE THE PAYMENT. EXT.P5: COPY OF THE LAWYER NOTICE DATED 25/05/2009 SENT TO 1ST RESPONDENT. EXT.P5(a): COPY OF THE POSTAL RECEIPT. EXT.P6: COPY OF THE LETTER DATED 23/02/2010 OF THE SUPERINTENDING ENGINEER SHOWING THAT THE 1ST RESPONDENT IS QUOTING FOR WORKS TENDERED BY HIM. EXT.P7: COPY OF THE RELEVANT PART OF THE BYLAW OF THE SOCIETY. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE AGREEMENT DATED 11/11/2005. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ================ W.P.(C) NO. 19536 OF 2010 (N) ===================== Dated this the 11th day of November, 2010 J U D G M E N T Petitioner represents a Labour Co-operative Society. They entered into an agreement with the respondent for the construction of a bridge. The work was completed and all that is sought for in this writ petition is a direction to the 1st respondent to release the entire sums, which according to the petitioner, the 1st respondent has received from the 3rd respondent. There is also a prayer for releasing the bonus to the petitioner for early completion of the work. 2. Although on behalf of the respondents, dispute has been raised on the claim for bonus, even according to the respondents, as on date, Rs.16,93,009 is due to the petitioner for the work they have done. Therefore, the liability of the 1st respondent to the extent of Rs.16,93,009 is an admitted one, which the 1st respondent has to pay to the petitioner. Counsel for the 1st respondent submits that the 1st respondent is facing financial constraints and therefore seeks reasonable time to pay the amount. WPC No. 19536/10 :2 : 3. I heard the counsel for the petitioner also on this. 4. Having regard to the submissions made, it is directed that 50% of the admitted amount due to the petitioner will be paid within two months from today and the balance 50% will be paid within three months thereafter. As far as the remaining claims of the petitioner are concerned, it is made clear that these claims are left open to be adjudicated in appropriate proceedings. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp