KUNCHITHANNY LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD Vs. DIVISIONAL FOREST OFFICER MUNNAR IDUKKI DISTRICT

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Special Government Pleader for Forest.

(2.) It is submitted by the learned counsel for the petitioner that the petitioner is a Labour Contract Cooperative Society. In response to tenders invited by the Forest Department, petitioner has submitted bids. It is stated that the petitioner is an 'A' class contractor for the purpose of executing Government contracts. It is stated that a certificate to this effect has been issued by the Registrar of Co-operative Societies on 7.11.2009. The objection raised by the Department is to the effect that the Registrar of Co-operative Societies had, by Ext.P6, certified the petitioner to be an 'A' class contractor for the entrustment of Government contract works only for a period of three years from the date of the order. It is contended by the learned counsel for the petitioner that by Ext.P5, which is a government order issued on 11.11.2009, the petitioner had been granted enhancement of the upper limit of the contract amount which could be undertaken by the petitioner. It is stated that the maximum PAC of one work is enhanced to Rs.5 crores and that the value of contract of the petitioner has been enhanced as Rs.15 crores. The petitioner contends that in the light of Ext.P5, no further classification certificate is required. It is stated that the petitioner's bid cannot be rejected by the respondents on the basis that a further certification is to be produced by the petitioner to show that the petitioner is remaining as an 'A' class contractor.

(3.) A counter statement has been filed on behalf of the first respondent in W.P.(C).No.21805/2018. It is stated therein that certain details in the tender document have not been duly filled by the petitioner. It is also stated that the submission of the offline tender document was mandatory as per the conditions in the tender document and this has not been done. It is further stated that classification certificate submitted by the society is not current and valid. The classification certificate issued on 7.11.2009 was expired on 6.11.2012 and the contention of the petitioner that in the light of Ext.P5 special government order, the petitioner need not produce an A class certification which is current, cannot be accepted. It is further submitted in paragraph 5 of the counter affidavit as follows: