TRIDENT SOFTECH P LTD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, a company, assails the action of opposite party No. 2, the Commissioner of Commercial Taxes, Orissa, Cuttack intimating the petitioner by letter dated 29.9.2003 that the Technical Evaluation Committee (for short 'TEC') found the petitioner disqualified for the purpose of submitting its commercial bid for supply of Information Technology Manpower for the Commercial Tax Department, on the ground that the said letter was issued violating the principles of natural justice and equity and the action amounted to arbitrary exercise of power.

(2.) ADMITTEDLY a Tender Call Notice was issued on 20.8.2003 by the Department of Commercial Taxes, Government of Orissa inviting quotations from reputed Information Technology Organisations/Service Providers, for providing Information Technology personnel on contract basis for the works morefully described in the said Tender Call Notice. The Tender Call Notice further stipulated that the bidders having proven track record in executing such type of contract for Government, Semi Government or Private Organisation should only apply. The bidders were required to submit only the technical bid containing profile and experience of the bidders with documentary proof of received experience. According to the petitioner, in consonance with the said Tender Call Notice, Annexure 1, the petitioner obtained the Tender documents from the office of the Commissioner, opposite party No. 2, depositing a sum of Rs. 500.00 and after filling up the forms and complying with other paraphernalia as required, submitted its technical bid. But then, without assigning any reason or calling for any clarification from the petitioner, opposite party No. 2 by the impugned letter intimated the petitioner that the TEC found it disqualified for the purpose of submitting its commercial bid. The impugned letter being a bald one and as no opportunity was given to the petitioner to have its say, the petitioner has approached the portals of this Court.

(3.) IN course of hearing, Mr. Sanjit Mohanty, learned Senior Advocate appearing for the petitioner, forcefully submitted that the Labour Contract Licence cannot be obtained before assignment of the contract in favour of a contractor. In support of such submission he relied upon Sections 12 and 13 of the Contract Labour (Regulation and Abolition) Act, 1970 as well as Rule 21 of the Contract Labour (Regulation and Abolition) Rules.