SISIR DAS Vs. INDIAN OIL CORPORATION

JUDGEMENT

(1.) Two sets of tenders were floated for running and operating Tank Trucks (TTs), respectively for carrying MS/HSD/Branded fuels for the Mourigram terminal of the Indian Oil Corporation Limited (IOCL) and for similar work regarding Aviation Turbine Fuel (ATF). The petitioners participated in the first category, were successful and were issued work orders.

(2.) The writ petition has been filed on the alleged arbitrary action by the respondent no. 1-IOCL by allocating works contemplated under the MS/HSD/Branded fuels tender to ATF TTs. The petitioners argue that under the relevant clauses of the contract, there is scope of the MS TTs being allocated work under the ATF tender by upgradation and/or suitably processing their trucks, whereas there is no such complementary clause in the ATF tender or contracts.

(3.) It is contended that the ATF work was subsequently shifted to Barauni from Mourigram where the other ATF tankers were allocated work. However, a few of the ATF TTs which chose to remain in Mourigram were also issued work orders under the MS tender which, according to the petitioners, is de hors the terms of the contract.