MAZUMDAR ENTERPRISE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Dutta, learned counsel for the petitioner and Ms. A. Gayan, learned Central Government Counsel for respondent Nos.1 to 3. Also heard Mr. P.K. Roy, learned counsel for respondent No.4.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of decision of respondent Nos.1 to 3 in rejecting the technical bid of the petitioner as invalid as well as the letter dt.24.10.2018 issued by respondent No.3 informing the petitioner the reasons for rejection of his bid as technically invalid and threatening blacklisting.

(3.) Case of the petitioner is that a Notice Inviting Tender (NIT) was issued on 8.9.2018 by respondent No.3 inviting online bids for outsourcing of daily wage unskilled workers and garbage lifting vehicles for conservancy related works in the military stations at Dinjan, Panitola, Chabua, Laipuli (Tinsukia), Mohanbari and Ganeshbari. It was mentioned that estimated cost of the tender was Rs. 4,02,44,954.00. The NIT, termed as request for proposal, had several parts. Part I of the request for proposal dealt with general conditions. It was provided that online bid should be submitted in two covers, namely, first cover and second cover. First cover should contain scanned copies of various documents including scanned copy of proof of similar works undertaken, scanned copy of labour licence and scanned copy of income tax return for last 3 years. Second copy should contain filled up bills of quantities. Part IV of request for proposal contained special conditions of contract. Serial No.1 dealt with licence for contracting labour. As per Clause (1), tenderers were required to obtain a licence from the office of the Labour Commissioner to contract labour under the provisions of Contract Labour (Regulation and Abolition) Act, 1970 (1970 Act) which was required to be submitted within 90 days of the acceptance of bid. If the contractor is refused a licence or fails to obtain licence within the aforesaid period of 90 days, the contract agreement would automatically stand terminated with the buyer, i.e., the tendering authority in which event the latter will be at liberty to recover losses, if any, from the security deposit and performance guarantee of the contractor. Clause 1 is extracted hereunder:-