AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioner has prayed for a direction that the payment of salary to the Security Guards/Supervisors deputed in the premises of Jawahar Lal Nehru
Medical College and Hospital, Bhagalpur in pursuance to the agreement dated 05.09.2016 at the enhanced/revised rate as per the revision of the rate
provided by the DGR Guideline, New Delhi be made. Petitioner also seeks a direction to quash the tender notice dated 22.11.2017 issued by the
respondent no. 7, the Superintendent, Jawahar Lal Nehru Medical College and Hospital, Bhagalpur and not to terminate the agreement between the
petitioner and respondent no. 7. So far as the second relief of quashing of the tender notice dated 22.11.2017, the petitioner does not press the same.
Now the only question is of payment of salary to the Security Guards with and without arms and Supervisors which were engaged by the petitioner in
the Jawahar Lal Nehru Medical College and Hospital, Bhagalpur in pursuance to the agreement dated 05.09.2016.
From perusal of the agreement, it is evident that it was for a period of two years. The rates as per the DGR guidelines with specific mention at clause
4 of the said agreement wherein the rates of the Security Guards with arms, without arms and Supervisors have been specifically mentioned and at
clause 4 (3) it has been specified that the provisions of DGR rates/Minimum Wages Act, Contract Labour Act and other statutory provisions like
Provident Fund Act, ESI Act, Bonus, Gratuity, Leave, Relieving Charges, Uniform and Allowance thereof and any other charges applicable from time
to time will be given. He submits that now DGR rates have been amended w.e.f. 01.06.2016 and another amended new rate has come w.e.f.
19.01.2017 but the petitioner is not being paid as per the new DGR rates.
Learned counsel for the State, however, submits that funds have to be released from the Health Department and as soon as allotment is received from
the Government, all the pending dues will be paid to the petitioner. A communication to the petitioner is by memo no. 4723 dated 29.12.2016 to the said
effect is Annexure-C to the counter affidavit.
Considering the facts and circumstances, this writ application is disposed off with a direction to make payment to the petitioner and if the DGR rates
are applicable to make payment as per the DGR rates within a period of four months from the date of receipt/production of a copy of this order. The
calculation chart of pending dues will be furnished to the respondent no.7 within a period of 15 days from the date of receipt/production of a copy of
this order.