SUVIDHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the letter/ memo no. 26 dated 09.01.2020 issued under the signature of the Civil Surgeon- cum-Member Secretary, District Health Society, Siwan (respondent no. 5) whereby and whereunder the respondent no. 5 has been pleased to cancel the agreement between the petitioner with respondent no. 5 for providing facility of generator, laundry service, dietary service and cleaning services in Primary Health Centres, Referral Hospitals, Sub-divisional Hospitals, Sadar Hospitals in the district of Siwan, through outsourcing, pursuant to office order issued vide memo no. 573 dated 24.06.2019.

(2.) At the outset, the learned counsel for the State has submitted that the petitioner has got an alternative remedy of approaching the Bihar Public Works Contract Disputes Arbitration Tribunal, Patna by filing an appropriate reference case, to which the learned counsel for the petitioner has got no objection and has submitted that the petitioner be relegated to the aforesaid remedy of filing reference case before the aforesaid Tribunal.

(3.) I have heard the learned counsel for the parties and perused the materials on record. In this connection, it would be relevant to refer to a judgment rendered by the Hon'ble Apex Court, (State of Bihar & Ors. v. M/s Brahmaputra Infrastructure Limited, 2018 AIR(SC) 2640), wherein it has been held that in the absence of an agreement stipulating the applicability of the Central Act, the State Act shall apply to the work contract.