BHARAT POWER CONTROL SYSTEM Vs. UNION OF INDIA

JUDGEMENT

(1.) CM No.19590/2014 (Exemption)

(2.) THE petitioner is aggrieved by the impugned communication dated 30.10.2014 issued by the Executive Engineer, Central Public Works Department, Parliament House Annexe Project Electrical Division. By virtue of the impugned letter dated 30.10.2014, the petitioner's bid pursuant to the respondents NIT for extension of Parliament House Annexe, Parliament House Complex, New Delhi (SH -UPS, Solar Power & Solar Water Heating) was rejected on the ground that the petitioner does not fulfill the eligibility requirement for turnover and profit & loss stipulated in the bid document. The respondents while scrutinizing the documents with regard to the eligibility of the petitioner found that the document in respect of the turnover and profit & loss pertained to M/s. Labotek and did not pertain to the petitioner. It is the petitioner's case before us that the petitioner was a partner in the firm M/s. Labotek and had 50% share in the profits of the said firm. The petitioner referred to and relied upon Section 15.2.5 of the CPWD Works Manual, 2014 (hereinafter referred to as the 'said Manual') . The said Section 15.2.5 of the said Manual pertains to past experience of works executed and is in respect of a non -CPWD contractor. The petitioner is a non -CPWD contractor and, therefore, claims that Section 15.2.5 of the said Manual ought to be reckoned for construing the past experience of the works executed. Section 15.2.5 of the said Manual reads as under: -

(3.) IT is the submission of the learned counsel for the petitioner that since the petitioner is a non -CPWD contractor, he was eligible to tender for the subject work based on the past experience gained from the works executed by the earlier firm (partnership firm) (M/s Labotek) in the same proportion of share of the petitioner in that partnership firm.