High CourtsSingle Bench(2010) 09 KL CK 0296

K.V. Stephen, Contractor vs Hindustan Machine Tools Limited, Assistant General Manager (HR), HMT Ltd., Manager, Foundary Division and P.V. Sajeev, Contractor

High Court Of Kerala · Decided on 13 September 2010

HON’BLE JUDGES
Antony Dominic, J
CASE NUMBER
Writ Petition (C) No. 28086 of 2010 (I)

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Judgment

5 paragraphs · 286 words

Antony Dominic, J.—According to the petitioner, he is a Contractor engaged to respondents 1 and 2 for certain skilled works. It is stated that due to the strike of the company employees, the petitioner''s workers were idling and that they have all gone on leave. On account of the above, when the company asked him to provide workmen, he could not comply with the requirements. It is stated that taking coverage of the said inability, respondents 1 to 3 are now engaging the fourth respondent who is not a contractor of the company. It is aggrieved by this, the petitioner has approached this Court by filing this writ petition.

2.

Standing Counsel for the respondent submitted that on account of the failure of the petitioner to provide the required workmen, the works in the company were affected and that as a result of it, the company had made a temporary arrangement by engaging the fourth respondent.

3.

According to the learned Standing Counsel for the respondent, engagement of the fourth respondent is only a temporary arrangement and the contract between the petitioner and the company is still valid and that the petitioner is entitled to resume the work, provided he is enable to perform the work he is called upon to do.

4.

Irrespective of the above, since the petitioner has taken up his grievances before respondents 1 and 2 by filing Exts.P4 and P5, I direct the second respondent to consider the said representations and pass appropriate orders thereon. This shall be done at any rate within four weeks from the date of production of a copy of this judgment along with copy of the writ petition.

The writ petition is disposed of as above.