RAJENDRA KUMAR AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on admission.

(2.) The present writ petition is filed under Article 226 of the Constitution of India challenging the condition of the Notice Inviting Tender (NIT) for selection of manpower agency for providing unskilled labourers/workers. The impugned condition of eligibility of Part-A, Section 2 of the NIT requires that a bidder has to furnish no dues certificate in respect of Provident Fund (PF), Employees' State Insurance Certificate (ESIC) and other applicable dues against all workers. The aforesaid condition reads thus:

(3.) The aforesaid condition is mainly challenged on the ground that the same is arbitrary and irrational, as it has no nexus with the nature of work for which the NIT is issued. Learned counsel appearing for the petitioner also urged that he has made various representations before the concerned authorities to issue no due certificate but the same has not been paid heed to. Therefore, the respondent-Corporation be directed to issue clearance certificate before proceeding further with the NIT.