NAGENDRA NATH Vs. STATE OF W B

JUDGEMENT

(1.) THIS appeal is against the judgement and order dt. July 18, 1976 of the learned single Judge in the first Court whereby the learned Judge was pleased to discharge the Rule Nisi issued and dismissed the writ petition of the appellant.

(2.) THE appellant, the writ petitioner in the first Court is a Contractor. He submitted a tender in the name Messrs. Chakraborty and Company being Tender No. 2/ESI of 1966-67 for a part of the work in the construction of a 300 bedded general hospital, excavation of a tank and for raising the site under the E.S.I. Scheme at Budge Budge in the district of 24 Parganas under the Presidency Circle. THE said tender was opened in Feb. 1976. By a registered letter dt. 25th April, 1966 the respondent 5, the Executive Engineer, Eastern Circle, Public Works Department acting on behalf of the State of West Bengal accepted the appellant's tender for the above noted work at the rate of 24.5%. A registered letter dt. 25th April, 1966 was issued by the respondent 5 on behalf of the State of West Bengal the respondent No. 1 in favour of the appellant which was treated as a formal work" order.

(3.) THE appellant, therefore, moved this Court in its constitutional writ jurisdiction on which a Rule nisi was issued by this Court on 3rd October, 1972. Calling upon the respondents viz. the State of West Bengal, the Deputy Secretary Public Works Department, the Chief Engineer, Public Works Department, the Superintending Engineer, Eastern Circle, Public Works Department and Executive Engineer, E.S.I. Hospital, Construction Division, Public Works Department to show cause inter alia why a writ in the nature of mandamus should not be issued directing there to cancel or rescind the letter No. 2304-A, of the respondent, Deputy Secretary, Public Works Department, Government of West Bengal dt. 29th Mar., 1972 in so far as it refuses to refer the main dispute to arbitration settlement of the enhancement of tendered rates by 15 per cent on Rs. 5,28,802/- under Cl. 25 of item rate tendered and contract for works as mentioned in the petition and why a writ in the nature of certiorari should not be issued setting aside, cancelling, quashing the said letter.