Wp(C)/25467/2020 Of Malala Manpower India Pvt. Ltd v. Chief Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 20TH DAY OF NOVEMBER 2020 / 29TH KARTHIKA, 1942WP(C).No.25467 OF 2020(G) WRIT PETITIONER: MALALA MANPOWER INDIA PVT. LTD.REPRESENTED BY ITS MANAGING DIRECTOR GEORGE ANIYANKUNJU, HAVING ITS REGISTERED OFFICE AT JEHOVAH NISSI BUILDING, IST FLOOR, POLICE STATION ROAD, MANNANTHALA P.O., THIRUVANANTHAPURAM-695 005. BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)SRI.A.R.DILEEPSRI.P.J.JOE PAUL RESPONDENTS: 1CHIEF COMMISSIONER OF INCOME TAX,OFFICE OF THE CHIEF COMMISSIONER OF INCOME TAX, 1ST FLOOR, AAYAKAR BHAWAN, KOWDIAR, THIRUVANANTHAPURAM-695 033. 2ASSISTANT COMMISSIONER OF INCOME TAX,OFFICE OF THE CHIEF COMMISSIONER OF INCOME TAX, IST FLOOR, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM-695 033. BY SRI.P.VIJAYA KUMAR,ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON20.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dated this the 20th day of November 2020 The petitioner is aggrieved by the non payment of wages towardsthe contract awarded to the petitioner till it was terminated on 13.5.2020. It has therefore submitted Ext.P5 representation requesting for paymentof the amount due to it for the period from 1.10.2019 to May 2020, beforethe first respondent. The writ petition is therefore disposed of directing the firstrespondent to consider and take a decision on Ext.P5 representation, after affording an opportunity of hearing through video conferencing, within aperiod of one month, from the date of receipt of a copy of this judgment.The petitioner shall furnish a copy of the writ petition along with a copyof the judgment before the first respondent. Bb/23/11/2020 Sd/-P.V.ASHA JUDGE WP(C).No.25467 OF 2020(G) 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1A TRUE COPY OF THE AGREEMENT DATED 1.10.2019 ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT.EXHIBIT P2A TRUE COPY OF THE BANK GUARANTEE.EXHIBIT P3A TRUE COPY OF COMMUNICATION NO.F.NO.CC/TVPM/BUD/3/20-21 DATED 13.5.2020 OF THE 2ND RESPONDENT.EXHIBIT P4A TRUE COPY OF THE STATEMENT OF ACCOUNTS OF THE PETITIONER FROM NOVEMBER, 2019 TILLSEPTEMBER, 2020.EXHIBIT P5A TRUE COPY OF THE REPRESENTATION DATED 2.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT ALONG WITH ACKNOWLEDGMENT CARD. RESPONDENTS' EXHIBITS: NIL [True copy] P.A to Judge Bb