LAWS(KER)-2021-3-274

N.K.NEHRU BABU Vs. KERALA TOURISM DEVELOPMENT

Decided On March 18, 2021
N.K.Nehru Babu Appellant
V/S
KERALA TOURISM DEVELOPMENT Respondents

JUDGEMENT

(1.) The petitioner is in the business of manpower supply for cleaning and other utility services to various organisations. In this writ petition, the petitioner seeks to set aside Ext.P16 letter of the 1st respondent and the award of tender in favour of the 2nd respondent. Certain other incidental reliefs are also sought for.

(2.) The petitioner would submit that the petitioner was supplying manpower for cleaning and other utility services to the 1st respondent- Kerala Tourism Development Corporation Limited at its Head Office, Regional Offices and other units since 2016 under agreements, the last of which was entered into on 25/7/2019.

(3.) On 28/12/2020, the 1st respondent floated Ext.P2 tender. The petitioner states that unnecessarily the EMD was doubled and onerous clauses were added, stipulating a minimum turnover of Rs.10.00 Crores in the same field, for three years. Earlier, it was Rs.50.00 lakhs. A condition was stipulated that documentary proof for all the three years is to be compulsorily produced. This onerous condition was added with a view to exclude contractors from participating in the tender process. Due to this onerous condition, six out of the eight bidders were disqualified.