Akash Jan Kalyan Samiti (Registered Society Under The Co-Operative Society) v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1337 of 2020 Akash Jan Kalyan Samiti (Registered Society Under The Co-Operative Society) Act (Reg. No. 32957 / Mahasamund) Having Its VTP Reg. No. C.G. 1003P011 Main Branch and Its Sub-Branch 'Saheli Jan Kalyan'. Having Its Vtp Reg. No. C.G. 1003P013. Represented Through Shri Dular Singh Nirmalkar, By Post Secretary, Akash Jan Kalyan Samiti Having Its Office At Village Hadaband, Post Mohandi, Tahsil Baghbahra, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary, Labour Department, Sector- Iii, 2nd Floor, Indravati Bhawan, New Raipur , Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Collector District Collector Office, Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh

3. The Labour Office Labour Office At Collectorate Premises , Mahasamund Chhattisgarh. (Authority Under C.S.S.D.A. Chhattisgarh State Skill Development Authority), District : Mahasamund, Chhattisgarh ---- Respondents For Petitioner :

Mr. Jameel Akhtar Lohani, Advocate For State :

Mr. V. R. Tiwari, Addl. AG Hon'ble Shri Justice P. Sam Koshy Order on Board 09/07/2020

1. The present writ petition has been filed by the petitioner seeking for an appropriate writ/direction to the respondents to forthwith release the bills submitted by the petitioner towards the payment and other expenses incurred by them in the course of imparting training of skill development under the Scheme 'Mukhyamantri Nirmaan Mazdoor Koushal Vikas Evam

Pariwar Sashaktikaran Yojna' under the C.S.S.D.A.(Chhattisgarh State Skill Development Authority)

2. According to the petitioner, they were also selected as an agency to impart training under the 'Mukhyamantri Nirmaan Mazdoor Koushal Vikas Evam Pariwar Sashaktikaran Yojna' and they successfully imparted training to the large number of trainees and the examinations were also conducted. That, in terms of the agreement, the petitioner had submitted their bills regularly, however, only part payment has been made to the petitioner. Thereafter, the respondents have neither considered the claim of the petitioner nor have they cleared any of their pending bills. The petitioner has also made several representations in this regard which too have till date not been decided by the concerned authorities.

3. The counsel appearing for the respondents on the contrary submits that the payments claimed by the petitioner can only be released after due verification of facts as regards imparting of training and the number of trainees who have undertaken the training etc., and the petitioner's representations that they have made would be considered on its merits in accordance with law.

4. Given the said submission by the counsel appearing for the respondents, this Court is of the opinion that ends of justice would meet if the present writ petition itself is disposed of with a direction to respondents no. 2 to 5 to consider the representations so far as the release of the unpaid bills are concerned which the petitioner has raised pursuant to the agreement with the respondents against the training which the petitioner has imparted to the trainees under the 'Mukhyamantri Nirmaan Mazdoor Koushal Vikas Evam Pariwar Sashaktikaran Yojna'.

5. In the event, if the petitioner is found entitled for any dues, the same be immediately processed and released. However, in case, if the authorities find that the petitioner is not entitled for the claim that they have put forth,

the respondents should decide the representations of the petitioner by a speaking order giving reasons as to why they are not entitled for the same.

6. Let this exercise be completed at the earliest, preferably within a period of four months from the date of receipt of certified copy of this order.

7. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit