NARAYAN CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present writ petition 61 enlisted CPWD contractors have challenged the legality and propriety of the Rules of Enlistment of CPWD contractors, 2005 by superseding the same Rules of 2001 in respect of Class II to Class V (Civil Contractors) and Class II to Class IV (Electrical Contractors) and for non-consideration of their representations dated 09.06.2005 and 30.01.2006 respectively. The Central Public Works Department (CPWD) of the Government of India is entrusted with the duty to construct/ repair/ reconstruct/ renovate public buildings/ road/ water tanks by civil/ electrical engineers and they have decided to do all these works through enlisted workers having such experience in the field of civil and electric work for which tenders are usually invited from eligible contractors having financial stability. They framed an elaborate code covering process of enlistment/ revalidation for enlistment of such contractors according to their eligibility criteria and for that purpose classified the contractors in 5 categories in accordance with the volume of works, tender amount for particular works with some other terms and conditions subject to alternation and amendments.

(2.) Before that on 20th March, 2001 the CPWD authority introduced new rules for enlistment/ revalidation of existing contractors in CPWD with effect from 01.04.2001 superseding similar Rules of 1999.

(3.) On 6th February, 2003 the CPWD authority introduced various classes of general conditions of contractors of both civil and electrical introducing various existing clauses/ corrigendum with effect from the date of issue of the order.