SAMARAT HEAVY LIFTERS Vs. UNION OF INDIA

JUDGEMENT

(1.) TWO of these petitions were filed during the may vacation and an urgent application was made for grant of interim reliefs. Ad-interim relief was initially granted on 7/5/1993 by the learned vacation Judge and thereafter he vacated the same on 10/5/1993. The third Petition No. 2083 1993 of was thereafter riled on 7/6/1993 and after hearing the counsel, an order of status quo was passed by the Division bench on 10/6/1993 pending admission. The second respondents thereafter moved the Court for urgent hearing on the ground that J. N. P. T. is facing severe difficulties due to the abnormal pile-up of containers which necessitated the immediate appointment of a party to handle this situation in the meanwhile, all the par ties have filed their respective affidavits, rejoinders etc. and we have, therefore, heard the Counsel at considerable length in view of the urgency pleaded. Respondent No. 2 through its counsel, had contended that the grant of status-quo order has been seriously prejudicing them and that, therefore, it should be vacated whereas the petitioners had contended that injustice has been done to them and that in these circumstances order of status-quo was justified. The complexion of the matter was such that a detailed hearing was justified and it is after such an exercise, that the present order is being passed. This batch of Writ Petitions can be disposed of by a common order since the main challenge relates to the executive action of the second respondent. It was urged on behalf of the writ petitioners that the action of the second respondent as regards the award of the tender contract to respondent No. 4 is illegal arbitrary, unjust, unfair and offends Article 14 of the Constitution of India.

(2.) THE controversy arises in the following circumstances :

(3.) C. F. S. at Dronagiri Node is located 10 kms. from the container yard at J. N. Port whereas the distance of container yard is 7 kms. and 25 kms. respectively from C. F. S. J. N. Port and C. F. S. Export Warehouse kalamboli. Operations of these Container Freight Stations require employment of an experienced contractor who possesses appropriate equipment for handling and transportation of 20', 30', 35' and 40' containers weighing upto 40 tons to and from containers yard to the C. F. S. In order to commence operations at Dronagir Node Freight Station and to have proper integrated operations at all three C. F. S. the 2nd respondents sometime in March, 1993 initiated the process of inviting tenders for selection of a handling and transportation contractors having requisite experience and equipment for the Container Freight Stations.