SURINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) At issue in this writ petition under Arts.226 and 227 of the Constitution of India by Surinder Singh, petitioner, is the validity and the constitutionality of the directions contained in notification, dated 12th April, 1982 (Annexure-P1) issued by the State of Haryana, stipulating that all unskilled works up to any value and skilled works up to the limit of Rs.2 lacs for each work should be allotted to the Co-operative Labour and Construction Societies by way of tenders within the ceiling rates fixed by the competent authority.

(2.) It has been filed in the following circumstances:- Surinder Singh, petitioner, is a registered Class IV contractor of the Public Works Department (Buildings and Roads) of the State of Haryana since 1978. He is qualified to tender for works not exceeding Rs.1 lac, After his enlistment in 1978, the petitioner has been executing works for the State of Haryana not exceeding the value of Rs. 1 lac.

(3.) On 12th of April, 1982, the Governor of Haryana granted concessions to the Co-operative Labour and Construction Societies in the State for a period of five years, that is, up to 31 Dec. 1986 inter alia that unskilled works up to any value and skilled works up to the limit of Rs.2 lacs for each work should be allotted to these societies only by way of tenders within the ceiling rates fixed by the respective Superintending Engineers of each Branch of the Public Works Department. In case, these Societies failed to tender or do not accept the work within the ceiling rate so fixed, the work may be executed by inviting open tenders from both the contractors and the societies. It (is) contended by the petitioner that by extending the above concessions, respondent No. 1 has created a monopoly in favour of the Co-operative Labour and Construction Societies regarding all unskilled works and skilled works up to the limit of Rs.2 lacs. This is not permissible in law. The State cannot resort to invidious discrimination between Co-operative Labour and Construction Societies, who are registered as contractors and individual registered contractors in the matter of entrusting works. Alternatively, it was argued that there is no intelligible differentia for classifying the Co-operative Labour and construction Societies and individual contractors. In any case, if there is any differentia it has no nexus with the object to be achieved.