BALAJI TRADERS Vs. D E S U

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner seeking for a direction for cancellation of tender issued by the respondents on 14.2.1995 and also for setting aside the decision of the respondents in finalising the same in favour of respondent No.4. The respondents No.1 & 2 floated a tender for regular maintaining of cleanliness at Coal Handling Plant at Rajghat Power House of Delhi Electric Supply Undertaking for a period of one year in pursuance of tender notice issued on 10.2.1995. The tender notice stipulated that the tenderers should quote lumpsum rate on per day basis and that the contractor should depute atleast fifty unskilled persons and 3 Supervisor per day round the clock. The further condition that was laid down in the said tender conditions was that the minimum daily wages to the labour should be as per prevailing rates approved by Delhi Administration, as applicable from time to time with other statutory benefits as per different Acts.

(2.) In pursuance of the said advertisement inviting tenders for the aforesaid work the petitioner submitted his tender quoting rate as Rs3.270.17 per day whereas the respondent No.4 submitted his tender quoting the price of Rs.2.893.80 per day. In all 5 tenders were received including that of the petitioner and respondent No.4.

(3.) From the averments made in the counter affidevit filed on behalf of the respondents, it is revealed that along with his tender the petitioner did not submit his income tax clearance certificate. Incidentally the respondent No.4 who quoted at Rs.2893.80 per day for 5 unskilled labourers and 3 numbers of Safety Supervisors was the lowest rate and his tender appears to be complete in all respects. In view of the aforesaid factual position the Works Committee after considering the tenders decided that the contract should be awarded in favour of respondent No.4 and recommended accordingly. The said recommendation of the Works Committee was approved by the Special Officer exercising the powers of Delhi Electricity Supply Committee and consequently the contract for the aforesaid work was awarded in favour of respondent No.4.