LAWARANCE P DIAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in OP 10264 of 1995 is the appellant in the WA 444 of 1997. The petitioner and the respondents in OP 17244 of 1995 and those of Writ Appeal arising out of OP 10264 of 1995 are the same persons. In both the cases a common question of law has been raised and hence both were heard together. This common judgment is being passed in both the cases. The appellant had challenged the judgment of the learned single Judge by which a condition laid down in the tender notice Ext. P15 issued by the Executive Engineer, Telecommunication Electrical Division, Ernakulam was held valid.

(2.) The appellant in the Writ Appeal who is the petitioner in the Original Petition states that he is the holder of a valid high tension electrical licence Grade - A issued by the Electrical Licensing Board, Tamil Nadu, the number being EA/1720 dated 6th December, 1993. The licence was valid till 5.12.1995. Ext. P15 dated 17.5.1995 of OP 10264 of 1995 (WA 444 of 1997) is a tender notice issued by the Electrical Engineer, Telecom Electrical Division by which tenders were invited from approved and eligible firms who were holding valid licence issued by the Kerala State Electrical Inspectorate for carrying out high tension works in the State of Kerala. In OP No. 17244 of 1995 the Executive Engineer (Electrical) Telecommunication, Ernakulam (the third respondent) again invited tenders for certain high tension works by its tender notice dated 20.10.1995. It is stipulated in the tender notice that tender schedule for high tension works shall only be issued to the firms having valid licence/permits issued by the Kerala State Electricity Licensing Board. The Executive Engineer (Telecom) declined to issue the tender forms to the petitioner appellant on the ground that he does not hold a licence of Kerala State Electricity Board. It is contended by the petitioner appellant that the stipulation in the aforesaid two tender notices are invalid on the ground that it violates the provisions of Art.14, 19 of the Constitution of India. It is further stated by him that he had undertaken various works for the telecommunication department on the basis of periodic tenders or quotations invited by the said department. The contract was accepted on the basis of the certificate issued by the Tamil Nadu State. In no other State, such restriction is imposed and no such condition is laid down in any of the tender notices issued by the telecommunication department of Andra Pradesh, Tamil Nadu and Karnataka. For the first time, in the State of Kerala, such a condition is laid down which is detrimental to the equity and right guaranteed by the Constitution. It is further stated by the petitioner that under Ext. P 29 dated 4.11.1965 of OP 10264 of 1996, the Government of India has taken the view that R.45(1) of the Indian Electricity Rules will not apply for works under the telecommunication department.

(3.) The common case of all the respondents is that the Government of Kerala by its letter No. 6904/A3/93/PD dated 16.8.1993 (Ext. R1 in OP 10264/95) intimated the Chief General Manager, Telecommunications Department, Thiruvananthapuram and the Chief Postmaster General, P & T Department, Thiruvananthapuram that execution of electrical works engaging persons who do not have valid licence/permits issued by the Kerala State Electricity Licensing Board is a violation of R.45(1) of the Indian Electricity Rules, 1956. The Government therefore requested to ensure that such works are entrusted only to those who have got valid licence/permits issued by the Kerala State Electricity Licensing Board. It is further stated by the respondents that proviso to R.45(1) of the Indian Electricity Rules, 1956 lays down that no electrical contractor who has not obtained a valid licence from the State licensing authority is entitled to undertake high tension electric line work of the departments of the Central Government. Since the petitioner appellant does not possess such a licence, he is not entitled to undertake any such work. The condition stipulated in the tender notice does not violate any equality clause of the Constitution of India.