ADARSH ENTERPRISES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel Sri Harshawardhan M. Patil, for petitioners, learned counsel Sri G.K.Hiregoudar, for respondent No.3, Sri Prashant V. Mogali, learned HCGP, for respondent No.1.

(2.) It is the case of the petitioner that respondent No.3 Corporation had called for tender inviting tenderers for providing 88 drivers for its auto-tipper vehicles for collecting waste. The petitioner was the successful bidder worked for a period from 31/10/2019 to 30/10/2020. Time and again the tender was extended and allotted to the petitioner by following the SWM Rules, 2016. The petitioner is also been continuing to do the work by way of extension granted by respondent No.3 Corporation.

(3.) This being the state of affairs, respondent corporation issued a show cause notice on 14/9/2022 to the petitioner alleging that he is not paying EPF and ESI to the Employees and despite receiving the tender amount from respondent corporation, the petitioner has not paid salary to the drivers since July 2022 and accordingly directed the petitioner to submit relevant documents to the Corporation mentioned in the show cause notice. The petitioner replied to the said show cause notice along with relevant documents of payment and also EPF and ESI to the drivers. Despite submitting all the necessary required documents to the corporation, without considering the compliance of the requirements, respondent corporation has cancelled the tender allotted to the petitioner without any valid reason. Hence, the petitioner has questioned the cancellation of tender, vide Annexure-D dtd. 9/12/2022.