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IN THE SUPREME COURT OF INDIA CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 5872    OF 2009 [Arising out of SLP(C) No. 10562/2008]

 ORISSA STATE HOUSING BOARD ... APPELLANT(S) :VERSUS:

 SITARAM LAL ... RESPONDENT(S) WITH

CIVIL  APPEAL  NO. 5873     OF 2009 [Arising out of SLP(C) No. 12681/2008]

O R D E R Leave granted. We  have  heard  the  learned  counsel  for  the  

parties.  The  Orissa  State  Housing  Board  (hereinafter  

referred to as the 'Board') advertised a sealed tender  for  construction  of  50  High  Income  Group  (Duplex)  houses at Jagmara within the Municipal Corporation of  Bhubaneswar.  The contract for the said construction  was granted to Sitaram Lal – the respondent herein. The  stipulated date for completion of the duplex houses was  fixed as 1.2.1991 and the total value of the work was  1.18 crores.

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As the respondent could not complete the said  project within the stipulated period, he requested the  Board for some more time for completion of the project.  The Board agreed to give more time to the respondent  for completing the project work on the condition that  the respondent would not claim for the escalated cost  of  materials  and  the  labour  charges  except  for  the  payment of extra amount which was paid to the labourers  by virtue of the revised  wages as per the Minimum  Wages Act and the Government Circular/Guidelines.  

The respondent filed a writ petition before the  Orissa High Court with a prayer to declare that he is  entitled to be compensated for the escalated cost of  materials and the labour charges paid to the labourers  by virtue of the revised  wages as per the Minimum  Wages Act and the Government Circular/Guidelines.  

Learned counsel for the respondent submitted, on  instructions, that he is not pressing for additional  amount towards the escalated cost of materials and his  prayer is now confined only to the revised wages as per  the  Minimum  Wages  Act  and  the  Government  Circular/Guidelines issued by the Government of Orissa.  The prayer seems to us to be reasonable.

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Learned  counsel  for  the  appellant  Board  submitted that the respondent has already been paid the  revised wages as per the Minimum Wages Act and the  Government Circular/Guidelines issued by the State of  Orissa, which is disputed by the learned counsel for  the respondent.   

In the facts and circumstances of this case, we  direct that in case the respondent has not been paid  the revised wages as per the Minimum Wages Act and the  Government Circular/guidelines issued by the State of  Orissa, the same would be paid to him within eight  weeks from the date of communication of this order. The  minimum  wages  shall  be  paid  according  to  the  supplementary  agreement  executed  by  and  between  the  parties.   

The impugned judgments dated 19.7.2007 of the  High Court of Orissa are, accordingly, set aside and  the appeals are disposed of with the aforementioned  direction.

....................J (DALVEER BHANDARI)

....................J

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 (Dr. MUKUNDAKAM SHARMA) NEW DELHI, AUGUST 28, 2009.