M/S. MOHAPATRA BINDER Vs. STATE OF ODISHA

JUDGEMENT

(1.) PETITIONERS in the aforesaid four Writ Petitions have assailed the Tender Call Notice floated for printing and binding of Nationalized Text books on the ground that it is the outcome of unilateral decision taken by opposite party No.1 -Commissioner -Cum -Secretary, School and Mass Education Department to go for National Tender for supply of Text books. The said Tender Call Notice (for short, "TCN") was published in the Odia daily 'Dharitri' on 07.06.2013 under Annexure -1 by opposite party No.2 -Director, Text Book Production and Marketing, Bhubaneswar.

(2.) PETITIONERS ' case in a nut -shell is that there are 5000 printing presses and binders which have been set up under the approval of respective District Industries Centres (for short, 'DIC') under the Industrial Policy framed by the Industries Department, Government of Odisha. Many technicians, skilled and unskilled labourers are engaged in those organizations and maintaining their livelihood from their wages/ salaries. Admittedly, petitioners are small scale industrial units and they have engaged a number of workers including artisans from Scheduled Caste, Scheduled Tribe and physically challenged categories. Earlier a resolution was passed on 13.11.2009 by the State Government taking a decision to purchase the materials for printing works of the Nationalized Text books through National Tender. Challenging such resolution, some of the petitioners preferred W.P.(C) No.2862 of 2010 before this Court and vide order dated 19.05.2010, the said resolution was quashed by this Court directing the opposite parties to award the printing and binding work of the Nationalized Text books to such Small Scale Industrial Units (for short, 'SSIU') of the State like that of the petitioners.

(3.) MR . Rath further submitted that if the National Tender will be invited, then the small entrepreneurs like the petitioners' units cannot compete with the bigger industries of outside the State. Thus, the very purport of MSMED Act, 2006 and various provisions in the Industrial Policy Resolution to protect the small scale industries will be frustrated. The TCN under Annexure -1 is not in public interest and moreover, there is no failure on the part of EPM rate contract holders of the units of the petitioners regarding quality of papers. The object of Directive Principles of State Policy embodied in Part -IV of the Constitution is to embody the concept of welfare State. The impugned notice is nothing but a colourable exercise of power which violates the principles of natural justice as no opportunity of hearing was afforded to the members of the petitioners -association who are enjoying the facilities provided in the Government Industrial Policy Resolution for more than 21 years. The stipulations in the impugned Notification under Annexure -1 are designedly made to forcefully and artificially oust the MSME/SSI Units like the petitioners from their existence. Policy of the State Government is to ensure that SSI units should get marketing support, which includes facility of preferential purchase of products.