Commando Industril Security Force Through Its Proprietor Sri Nawal Kishore Singh vs. State Of Jharkhand Through Secretary Deptt Of Health Medical Education And Family Welfare

Held

The Court did not decide on the merits of the rejection of the financial bid. Instead, it allowed the petitioner's request to withdraw the writ petition. The petitioner sought this withdrawal to pursue alternative legal remedies available under the law before a competent court. The respondents had no objection to this withdrawal. The Court accordingly dismissed the writ petition as withdrawn, granting the petitioner the liberty to pursue other legal avenues. The Court also directed the Joint Registrar (Judicial) to ensure that the deficit court fees and other statutory fees were deposited by the petitioner on the same day. Interlocutory Application No. 7395 of 2019 was disposed of.

Facts

The petitioner, Commando Industrial Security Force, filed a writ petition before the Jharkhand High Court challenging the rejection of its financial bid for a tender. The respondents are the State of Jharkhand and other authorities. The rejection occurred because the petitioner allegedly quoted labor rates below the minimum wages fixed by the Labour, Employment and Training Department, Jharkhand, and also failed to add GST. The Tender Committee, in a meeting held on January 25, 2019, found these discrepancies and unanimously rejected the petitioner's financial bid, citing non-compliance with the minimum wages Act and tender conditions. The petitioner sought permission to withdraw the writ petition to pursue legal remedies before a competent court.

Key Issues

1. Whether the Tender Committee was justified in rejecting the petitioner's financial bid for quoting labor rates below the minimum wages fixed by the government and for not adding GST, thereby violating tender conditions and the Minimum Wages Act. Petitioner's Contention: The petitioner sought to withdraw the writ petition to avail legal remedies before a competent court. Respondents' Contention: The respondents, through their counsel, submitted that the petitioner quoted labor rates less than the government-fixed minimum wages and did not add GST, which were mandatory conditions in the e-tender. The Tender Committee, bound by government provisions and guidelines, therefore, rejected the financial bid after finding the petitioner had submitted the tender against the minimum wages Act.