BVG INDIA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Seeking for writ of mandamus directing respondents no.1 to 4 to consider reimbursement of enhanced rate of minimum wages from 1/4/2017, as represented by petitioner from July, 2017 and for quashing decision of respondents no.2 to 4 under letters dtd. 14/9/2017 and 20/2/2018 at Annexures- 'K' and 'L' etc., this writ petition is filed.

(2.) Smt.Vaishali Hegde, learned advocate appearing for petitioner submitted that petitioner was India's largest integrated service company including facility management services. As such, it had built reputation and bagged several prestigious projects like cleaning and total facility management of Rastrapati Bhavan, Delhi Municipal Corporation etc. It had been providing services to respondent no.1 since 2007. It was further submitted that respondent no.1 was Ministry in-charge of Indian Railways which had Rail Wheel Factories across India including one Yelahanka employing 1,600 direct workers by paying enhanced minimum wages.

(3.) Though petitioner had declared its workers since 2007 to perform cleaning and housekeeping services under specific work order issued by respondents no.2, 3 and 4, on 2/11/2015 respondent no.2 issued Tender Notification no.RWF/W/14-15/5 for approximate tender value of Rs.8,22,55,983.00 for mechanized cleaning of roads, service buildings, toilets inside plant, colonies of RWF and housekeeping services for ORH, SRH and TTC of RWF. Tender guidelines and norms were as per instructions of respondent no.1 containing standard general conditions of contract published in July, 2014. In said tender, upon participation petitioner emerged successful and was awarded contract for Rs.6,95,31,656.00.