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Madras High CourtWP(MD)/21062/2016disposed of

M/S. Karvin Design Consultants v. The Commissioner Of Labour

2016-11-03Honourable Mr Justice V. Bharathidasan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)Nos.21062 to 21064 of 2016 W.P(MD)No.21062 of 2016:- M/s.Karvin Design Consultants, Rep. By its General Manager, SP.Ramanathan ... Petitioner Vs.

DMS Office, Teynampet, Chennai - 600 006.

Tamil Nadu Construction Workers Welfare Board, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of been paid before 19.12.2015 working out to a sum of Rs.26,96,640/- towards the work done by it agreement, dated 19.12.2013 entered @ 18% per annum from 19.12.2015.

W.P(MD)No.21063 of 2016:- M/s.Karvin Design Consultants, Rep. By its General Manager, SP.Ramanathan ... Petitioner Vs.

DMS Office, Teynampet, Chennai - 600 006.

G/133, Chinthamani Complex, 3.The Chief Executive Officer/Secretary, Tamil Nadu Unorganised Drivers Welfare Board, No.G/133, Chinthamani Complex, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of been paid before 19.12.2015 working out to a sum of Rs.7,68,048/- towards the work done by it agreement, dated 19.12.2013 entered @ 18% per annum from 19.12.2015.

W.P(MD)No.21064 of 2016:- M/s.Karvin Design Consultants, Rep. By its General Manager, SP.Ramanathan ... Petitioner Vs.

DMS Office, Teynampet, Chennai - 600 006.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of

been paid before 25.10.2015 working out to a sum of Rs.13,48,320/- towards the work done by it agreement, dated 25.10.2013 entered @ 18% per annum from 25.10.2015.

For Petitioner : Mr.AR.L.Sunderesan (in all W.P's) Senior Counsel for Mr.AL.Ganthimathi For Respondents : Mr.V.Murugan (in all W.P's) Additional Government Pleader COMMON ORDER Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents. 2.By consent, these Writ Petitions are taken up for final disposal.

3.The petitioner is engaged in Architectural consultancy and doing various projects for different Government Departments. In April 2013, a design competition tender was called for by the second respondent for design consultancy in respect of three projects, namely, office building at Anna Nagar, Institute building for TILS @ Ambattur and School building at Ambattur. The petitioner also provided consultancy services and even after implementation of consultancy services, the charges for the same so far not paid to the petitioner.

4.In the above circumstances, the petitioner made several representation to the respondents and the third respondent informed the petitioner that they have already submitted their proposal for ratification of the action by the Government and the matter is still pending with the Government. Subsequently, by another letter, dated 19.09.2016, the petitioner was informed that since the Government has not passed any order, they are not in a position to pay the designed consultancy fees. In the above circumstances, since no order has been passed for payment of consultancy fees, these Writ Petitions are filed. 5.Taking into consideration of the fact that the amount due to the petitioner from the year 2013, the third respondent, in all the Writ Petitions, is directed to consider the petitioner's application for payment of consultancy fees and pass suitable orders within a period of six weeks from the date of receipt of a copy of this order.

6.With the above direction, these Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS I) /True copy/ Sub Assistant Registrar To DMS Office, Teynampet, Chennai - 600 006.

G/133, Chinthamani Complex, Tamil Nadu Construction Workers Welfare Board, 4.The Chief Executive Officer/Secretary, Tamil Nadu Unorganised Drivers Welfare Board, No.G/133, Chinthamani Complex, 5.The Director Tamil Nadu Institute of Labour Studies, No.5, Kamarajar Salai, Chennai - 600 005.

+1cc to M/s.AL.Ganthimathi, Advocate SR.No.65668 +1cc to special Government Pleader SR.No.66021 ps sm:SS3:SAR 3:12.12.2016:4P/8C W.P(MD)Nos.21062 to 21064 of 2016 03.11.2016