ROSE BEDROLLS Vs. DIVISIONAL RAILWAY MANAGER (MECHANICAL); DIVISIONAL RAILWAY MANAGER; CHIEF MECHANICAL ENGINEER UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the respondents to allow the petitioner to continue the work as per Ext.P1 tender agreement and to amend Ext.P3 letter of acceptance to that effect, and for other related reliefs. Facts encapsulated for disposal of the writ petition are as follows:

(2.) Petitioner entered into a work contract agreement with 1st respondent as per Ext.P1 and Ext. P2 tender notice dated 29.01.2016. Pursuant to Ext.P1, work in respect of linen management had been allocated to the petitioner for collection, machine washing, loading/unloading, transportation and distribution of bedrolls in trains originating from Mangalore Central. The work in respect of linen management had been allocated to the petitioner as per Ext.P3 letter. The conditions stipulated in Ext.P3 regarding the calculation of linen washed for billing has included, an additional stipulation over and above the tender conditions in Ext.P1. As per Ext.P1, under Clause 43.6(a) "the billing of washing of bedroll items will be based on the linen register maintained and countersigned by the contractor/his representative at depot/station". However, additional conditions are included in Ext.P3, which according to the petitioner, are not sustainable. According to the petitioner, if the stipulations contained under Ext.P3 are to be undertaken by the petitioner, petitioner will suffer with huge loss and in that regard, petitioner has submitted Ext.P5 letter to the 1st respondent, and thereby requested to allow the petitioner to conduct the work as per Ext.P1 tender agreement and to revise the work order that has already been issued, by rectifying the defects.

(3.) However, pursuant to Ext.P5, respondents issued Ext.P6 reply stating that the difficulties in getting the Excess Fare Tickets [for short 'EFT'] statement from TTE's will be looked into by Railways and therefore requested to continue work as per Ext.P3. Petitioner again forwarded Ext.P7 letter to the respondents expressing his difficulties in finding out the EFT passengers. Accordingly, as per Ext.P8, respondents conveyed to the petitioner that instructions have already been given to respective officers to provide EFT details from on duty TTE in trains originating from Mangalore. According to the petitioner, so far the EFT details are not provided to the petitioner in spite of lapse of several months. It is in this background, seeking appropriate direction, this writ petition is filed by the petitioner.