V. Ragubalan v. The Directorate Of Health Services

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/108/2022 V.Ragubalan ... Petitioner Vs.

The Directorate of Health Services ... Respondent Mr.Satish Chandra Mishra ... for the petitioner Mr.N.A.Khan ... for the respondent April 22, 2022 [GNC] Item No.48 The petitioner runs a security service agency under the name and style of Dragon Security Services. The agency was deployed under the Directorate of Health Services, Andaman and Nicobar Administration in terms of a contract bearing No.GEMC-511687741228311 dated 8th May, 2020.

It appears that the petitioner deployed 100 person in total for execution of the said contract. It is further submitted that the contract was successfully completed in total compliance of the contract. The employees were paid their salaries. After the completion of the contract, the petitioner made a representation for release of the bank guarantee being Performance Bank Guarantee No. 48/2020 in terms of the agreement.

Mr. Khan, learned Advocate appearing for the Administration submits that the department under which the security service was deployed by the petitioner, received

several complaints from the workers with regard to nonpayment of salaries and other dues by the petitioner. Accordingly, a show cause notices were issued. Mr. Khan submits that the petitioner has not disclosed whether the petitioner had answered to such show cause notice and also whether the authorities were satisfied with such answer.

According to Mr. Khan, unless and until the authorities dispose of the proceedings initiated on the basis of the complaint of the workers, the bank guarantee which was forfeited could not be released. It is further submitted that authority had to pay the workers dues due to the omission of the petitioner to pay his workers. As such the bank guarantee was forfeited.

Mr.Mishra, submits that the disputes between the workers and the employer should not be a concern of the Health Directorate. The Directorate should only assess whether the contract was fulfilled and completed in terms of the clauses therein and thereafter the bank guarantee should be released in terms of the contract.

In view of the disputes which have been raised before this court, this court is of the opinion that the writ petition must be treated as a representation and the Director of Health Services, Andaman and Nicobar Administration, must dispose of the said writ petition upon hearing the petitioner and any other interested parties, in this regard.

The petitioner shall be entitled to produce supporting documents substantiating his claim. A reasoned order shall be passed and communicated to the petitioner and other interested parties. The entire exercise shall be completed within a period of six weeks from the date of communication of this order.

This court has not gone into the merits of the claims and counterclaims of the parties.

With the above directions, the writ petition stands disposed of.

Parties are directed to act on the server copy of this order.

(Shampa Sarkar, J.)