ELECTRICAL CONTRACTORS ASSOCIATION OF MAHARASHTRA Vs. CITY AND INDUSTRIAL DEVELOPMENT CORPORATION OF MAHARASHTRA LTD

JUDGEMENT

(1.) The present reference is on account of the order dated 13th February, 2019 passed by a Division Bench of this Court and the question for consideration is found in paragraph 12 of the said order. The said question reads as under :-

(2.) The decision dated 10th April 2014 in Writ Petition No. 3196 of 2013 Auranagabad Electrical Contractors Association and Ors. vs. the State of Maharashtra laid a challenge to a Government Resolution dated 27 th January 2004 followed by a Circular dated 24 th March 2011 issued by the Public Works Department of the State of Maharashtra pertaining to construction of buildings costing more than Rs. 11 Crore. The State Government Resolution required a composite tender to be floated inviting offers to execute the civil and electrical works. The Circular issued by the Public Works Department noted that in execution of civil and electrical works, the Government Resolution was not being followed and thus required officers of the Public Works Department to adhere to the Government Resolution. The decision noted a decision of a learned Single Judge of the Kerala High Court reported as (2011) 1 KLT 157 Government Electrical Contractors' vs. The State of Kerala and Ors., in which similar issue regarding composite tender to execute civil and electrical works was considered. Noting various decisions of the Supreme Court and in particular the decision reported as (2007) 8 SCC 1 Reliance Energy Limited and Anr. vs. Maharashtra State Road Development Corporation Ltd. and Ors., the learned Single Judge had held as under :-

(3.) The said decision of the learned Single Judge of the Kerala High Court heavily relied upon the observations of the Supreme Court in paragraphs 36 and 38 in Reliance Energy Limited and Anr. case (Supra), which read as under :-