w w w . L a w y e r S e r v i c e s . i n



M/s. PLR Projects Pvt. Ltd. & Another v/s The Western Coalfields Limited, through its Chairman Cum Managing Director & Another


Company & Directors' Information:- WESTERN COALFIELDS LIMITED [Active] CIN = U10100MH1975GOI018626

Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

Company & Directors' Information:- P.L.R. PROJECTS PRIVATE LIMITED [Active] CIN = U14101AP2006ULL050133

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- D M P PROJECTS PVT LTD [Active] CIN = U27109WB2006PTC107513

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

Company & Directors' Information:- Z H PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184307

Company & Directors' Information:- K & J PROJECTS PRIVATE LIMITED [Active] CIN = U45203MH2004PTC150165

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- L S R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U07010KA2005PTC036041

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- WESTERN PROJECTS PVT LTD [Active] CIN = U70200WB1996PTC077662

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- WESTERN PROJECTS LTD [Amalgamated] CIN = L45209WB1982PLC034792

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- K R S PROJECTS PRIVATE LIMITED [Active] CIN = U70102AP2012PTC082232

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- R N D PROJECTS PRIVATE LIMITED [Active] CIN = U70102DL1996PTC080051

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

Company & Directors' Information:- T M R PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010ULT211007

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N D B K PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U27100PB2012PTC036987

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- M S C K PROJECTS PRIVATE LIMITED [Converted to LLP] CIN = U70101DL2005PTC135407

Company & Directors' Information:- A T C (WESTERN INDIA ) PRIVATE LIMITED [Strike Off] CIN = U63090MH2000PTC126350

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

Company & Directors' Information:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- I. T. G PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063342

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- A R N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202MH2010PTC199122

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

Company & Directors' Information:- V N R PROJECTS PRIVATE LIMITED. [Active] CIN = U45400AP2008PTC060896

Company & Directors' Information:- C R R PROJECTS PRIVATE LIMITED [Active] CIN = U45400AP2015PTC097217

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

Company & Directors' Information:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- B. P. S. R. PROJECTS PRIVATE LIMITED [Active] CIN = U70109RJ2018PTC063238

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

    Writ Petition No. 1183 of 2013

    Decided On, 01 April 2019

    At, In the High Court of Bombay at Nagpur

    By, THE HONOURABLE MR. JUSTICE R.K. DESHPANDE & THE HONOURABLE MR. JUSTICE S.M. MODAK

    For the Petitioners: M.G. Bhangde, Senior Advocate assisted by Mayank Agnihotri, Advocate. For the Respondent: R1 & R2, Rohan H. Chandurkar, Advocate.



Judgment Text


Oral Judgment: (R.K. Deshpande, J.)

1. Rule made returnable forthwith.

Heard finally by consent of learned Senior Advocate Shri M.G.Bhangde, assisted by Shri Mayank Agnihotri, Advocate for the petitioners and Shri Rohan Chandurkar, learned counsel for respondent nos.1 and 2.

2. Two bank guarantees dated 25.08.2008 and 14.05.2011, each for an amount of Rs.1,07,29,750/- furnished by the petitioners in respect of the work in question, were invoked by letter dated 26.02.2013 addressed to the Branch Manager, Bank of Maharashtra, solely on the ground that the petitioner Contractor has not paid to his employees salary and wages as per “Law of the Land” applicable to the workmen of the colliery/washery where the petitioner – Contractor is working under a contract, in terms of Clause 31.01 of the conditions of the Contract. It is not in dispute that the employees have been paid minimum wages applicable in terms of the provisions of the Minimum Wages Act, which was applicable even to the employees working in the establishment of the respondents.

3. It was the defence raised by the respondents before this Court that in terms of Clause 31.01 referred to above, “the Law of the Land” referred to therein includes the terms of wages agreed under the National Coal Wage Agreement dated 24.01.2009 between the respondent establishment and its coal workers. Undisputedly, the rate of payment of wages as per this Agreement was higher than the minimum wages prescribed. The stand of the respondents is that the petitioners had failed to pay wages as per the National Coal Wage Agreement to the employees employed by the petitioner Contractor for the work in question.

4. On 06.12.2013, this Writ Petition was allowed and it was held as under:

“In this situation, it is apparent that payment being made at minimum rate of wages was never objected to either by the present respondents or by any particular Trade Union working under them or then by any of the Contractors' employee. Hence, on alleged pretext, suddenly the action of forfeiture of Bank guarantee could not have been taken. Learned Counsel for respondents attempted to demonstrate before us that the provisions of NCWA are attracted in case of labour employed by the petitioner and has relied upon certain clause of NCWA. We are not inclined to go into that controversy in present facts. We leave the contention open for its proper presentation. It is also open to the respondents to introduce more clarity in this regard in contract itself before changing the long standing practice.”

5. This Court had left out the question of applicability of NCWA in respect of the workers employed by the petitioner Contractor for doing the job under the contract in question. The respondent Western Coalfields Limited approached the Apex Court challenging the said decision and on 03.07.2017, Civil Appeal No.8383 of 2017 was allowed by setting aside the decision of the High Court holding that the applicability or otherwise of the NCWA was not considered and the matter was remanded back to this Court for decision in accordance with law without expressing any opinion on merit.

6. Two Clauses under the Agreement i.e. Clause no.31.1 and 31.01 need to be seen, which are reproduced below:

“31.1 Contractors are to employ, to the extent possible, only local project affected people and pay wages not less than the minimum wages fixed by the Law of the Land.”

“31.01 The contractor shall pay to his employees salary and wages as per Law of the Land applicable to the workmen of the colliery/washery where he is working under this contract”.

7. Shri Bhangde, learned Senior Advocate, has urged that the insistence by the respondent WCL for payment of wages in terms of the National Coal Wage Agreement, which prescribes wages higher than the minimum wages is not the part of the contract and the expressions “Law of the Land” and the “Law of the Land applicable to the workmen of the colliery/washery where he is working under this contract” (the highlighted portion above), does not include the terms under the National Coal Wage Agreement but, it refers only to the statutory terms which, at the most, would cover rates of the minimum wages, prescribed under the Minimum Wages Act.

8. Our attention is also invited to the letter dated 26.07.2012 written by the Central Vigilance Commission to the respondents making reference to the letter of WCL issued dated 18.05.2012, wherein it is insisted that the minimum wages was not the requirement as per the contract between the petitioners and the respondents and hence, the action was directed to be taken, including recovery in respect of wages in terms of NCWA was insisted. It is urged by Shri Bhangde that inspite of repeated demands and even the application under the Right to Information Act in respect of the communication dated 18.05.2012 referred to by the Central Vigilance Commission, copy is not supplied and, according to the petitioners, the respondent WCL has tried to justify therein its stand that the intention of the terms of the contract was to make the payment as per the Minimum Wages Act. He, therefore, submits that an adverse inference is required to be drawn for nonproduction of this communication.

9. Shri Chandurkar, learned counsel for the respondent WCL submits that it is only because of insistence on the part of the Central Vigilance Commission that the action impugned of, invoking two bank guarantees was taken and the amount has been realised.

10. The National Coal Wage Agreement is the settlement, which is arrived at between the respondent establishment of WCL and its workers, in terms of provisions of Section 2 (p) of the Industrial Disputes Act, 1947. It is a contract between the respondent WCL and its workers through the Union. The petitioner, who is Contractor, employed for carrying out the work in question, is neither party to the National Coal Wage Agreement nor do we find any such clause incorporated under the contract in question between the petitioner Contractor and the respondent WCL. The expressions “Minimum Wages” fixed by the “Law of the Land” and the “Law of the Land applicable to the workmen of colliery or washery where he is working under this contract,” can, by no stretch of imagination, be construed as inclusive of any terms of the contract entered into between the respondent and its own workers. The terms of NCWA cannot be called as the statutory terms of the contract so as to bind the petitioner Contractor in respect of the payment as per the rates of wages agreed under the NCWA.

11. In view of this, in our view, the invocation of bank guarantees by the respondent WCL was not in accordance with the terms of the Contract and the same cannot be, therefore, sustained.

12. We are informed that the petitioners were required to furnish bank guarantee, which shall remain valid for the period from 16.10.2008 to 15.06.2012 and thereafter up to expiry of 90 days, which would be valid up to 15.09.2012. Though the petitioners might have submitted the bank guarantee extending its validity beyond a period of 15.09.2012, in our view, the respondent – WCL was not competent to invoke such bank guarantee after 1

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5.09.2012. The said bank guarantee was invoked on 26.02.2013. Hence, it was without any authority as the period prescribed under the contract for furnishing bank guarantee up to 15.09.2012 expired. 13. In view of the above, this writ petition is allowed. The communication dated 26.02.2013 invoking two bank guarantees total amounting to Rs.2,14,59,500/- is hereby quashed and set aside. The respondents are directed to refund the entire amount of bank guarantees to the petitioners within a period of four weeks from today. The amount of bank guarantees is lying with the respondent WCL from 2013 till this date. Hence, it shall carry interest at the rate of 4% per annum as is paid on Savings Bank Account, till its realisation. 14. Rule is made absolute in above terms. No order as to costs.
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