NEW INDIA ASSURANCE CO. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, a Government of India undertaking Company duly incorporated under the provisions of the Companies Act, has filed these two writ petitions challenging the action of the State of Orissa in not awarding contract in its favour though, it is alleged that it is the successful bidder in the technical bid and the lowest bidder in financial bid among the successful bidders.

(2.) W .P.(C) No.4960/2011 relates to the tender floated by the State of Orissa for implementation of Rashtriya Swasthya Bima Yojana (hereinafter referred to "RSBY" for brevity) with respect to two districts namely, Nayagarh and Kalahandi. W.P.(C) No. 4970/2011 relates to eighteen new districts to be covered under the RSBY.

(3.) THE petitioner further pleads that on earlier occasion in the year 2008 -09, it has participated in the earlier tender floated by the opposite parties with respect to RSBY in respect of Khurda, Cuttack, Ganjam, Rayagada, Sambalpur and Sundargarh districts subject to certain conditions. Thereafter, the petitioner immediately appointed Third Party Administrator and empanelled hospitals for carrying out the scheme and for fulfillment of the conditions stipulated under the agreement. It is further pleaded that opposite party No.1 has cancelled the work order violating the principles of natural justice for which it has filed W.P.(C) No. 22529 of 2010 before this Court, which was pending at the time of filing of these writ petitions. On such pleadings the petitioner apprehends that though it is the successful bidder and L -I, it shall not be awarded to the work with respect to two districts and prayed to direct the opposite parties from not taking any coercive action against the petitioner on the basis of the letter issued by the Labour Commissioner, Orissa, Bhubaneswar on 29.11.2010 and to grant such other relief as deemed just and proper. Same prayer is made in W.P.(C) No. 4970 of 2011 with respect of 18 new Districts.