LAWS(KER)-2016-2-3

PAYYANNUR LABOUR CONTRACT CO-OP. SOCIETY LTD. Vs. PAPPINISSERI WEST LABOUR CONTRACT WELFARE SAHAKARANA SANGHAM LTD. AND ORS.

Decided On February 02, 2016
Payyannur Labour Contract Co -Op. Society Ltd. Appellant
V/S
Pappinisseri West Labour Contract Welfare Sahakarana Sangham Ltd. And Ors. Respondents

JUDGEMENT

(1.) These appeals are filed against the common judgment dated 9/11/2015 in WP(C) Nos. 1353/15 and 28209/15. The writ petitions were filed challenging certain conditions in the Notice Inviting Tender (for short NIT) published by the Senior Port Conservator, Azhikkal Port, Kannur in respect of the work in relation to manual dredging at Azhikkal Port.

(2.) The short facts involved in the writ petitions would disclose that in terms with the Scheme framed as per Government Order dated 18/3/2010, which was modified by another Government order dated 13/4/2012 and Government Order dated 16/8/2013, tenders were invited to award the work of manual dredging at Azhikkal Port, Kannur for the year 2014 -15. The contention urged by the petitioners is that though reference has been made in the NIT to the Government Orders referred above, the same is not in compliance with the said Government Order. Specific reference has been made to Column No. 9 of the tender notification and the special conditions in Clause 17, which, according to the petitioners, is quite arbitrary and not in terms with the Government Orders issued earlier.

(3.) It is stated that on the basis of the NIT, 73 societies submitted application of which 52 of them were shortlisted and 20 societies were selected in the final evaluation. But the work was not awarded.