RAMESAN P. CHAIRMAN Vs. T.ASOKAN

JUDGEMENT

(1.) As these Writ Appeals and Writ petitions raise common issues, they are taken up for consideration together and disposed by this common judgment.

(2.) In W.A.No.598/2018, the 4th and 5th respondents in W.P. (C).No.26206/2016 viz. Sri. Ramesan P., Chairman, Uralungal Labour Contract Co-operative Society and the Uralungal Labour Contract Co-operative Society, represented by its Secretary, are the appellants, and they are aggrieved by the judgment dated 2.2.2018 of the learned Single Judge. The Uralungal Labour Contract Co-operative Society [hereinafter referred to as the 'ULCC Society'] is also the appellant in the connected Writ Appeals, namely, W.A.No.807/2018 and W.A.No.898/2018, wherein, they are aggrieved by the judgment dated 8.2.2018 in W.P.(C).No.2092/2018 and judgment dated 2.3.2018 in W.P.(C).No.5692/2018 of the learned Single Judge, which followed the judgment dated 2.2.2018 in W.P.(C).No.26206/2016 that is impugned in W.A.No.598/2018. W.P. (C).No.13522/2018 and W.P.(C).No.16314/2018 are preferred by certain civil contractors who apprehend that, notwithstanding that they are the lowest tenderers in the bidding process, the work in question would be awarded to the ULCC Society which claims the benefit of price preference consequent to Government Orders that have been issued by the State Government in its favour.

(3.) The common issue to be considered in all these cases is with regard to the entitlement of Labour Contract Co-operative Societies in general to the benefit of the Government Order dated 13.11.1997, as amended by the Government Order dated 19.3.2004, and that of the ULCC Society, in particular, to the additional benefit of the Government Order dated 2.8.2008. By the former Government Orders, a price preference is enivisaged in favour of beneficiary Co-operative Societies in tenders floated by the Public Works Department [PWD], and by the last mentioned Government Order, a specific exemption is granted to the ULCC Society from the applicable financial restrictions, while undertaking works that can be undertaken by the Society in terms of the former Government Orders.