The Union Of INDIA And 4 Ors. vs. Rajib Kumar Dholua And 11 Ors.
Held
The Court held that the writ petitioners, as outsourced employees, prima facie do not possess the locus standi to challenge the Notice Inviting Tender (NIT) issued for engaging manpower service providers. The reasoning is that the NIT is a process for selecting service providers, and the petitioners are not parties to that selection process. However, acknowledging the long-standing engagement of the petitioners, the Court vacated the interim order dated November 2, 2018, but with a clarification. The authorities were directed to use their good offices with the selected manpower service provider to ensure the continued engagement of the writ petitioners. The Court did not expressly leave any issue undecided.
Facts
The Union of India and other GST authorities filed an interlocutory application seeking vacation of an interim order dated November 2, 2018. This interim order had restrained the authorities from proceeding with a tender process and directed the continuation of the service status of the writ petitioners, who are outsourced employees working under manpower service providers for the Commissioner, Central Goods and Services Taxes, Dibrugarh Commissionerate since May 2006. The Joint Commissioner had issued a Notice Inviting Tender (NIT) for outsourcing unskilled workers for housekeeping and door attendance duties for a period of one year. The writ petitioners contended that the new tender would jeopardize their long-standing engagements.
Key Issues
1. Whether the writ petitioners, as outsourced employees, have the locus standi to question the Notice Inviting Tender (NIT) issued for engaging manpower service providers? (Question of law) Petitioner's contention: The Union of India argued that the opposite parties, being outsourced workers and not manpower service providers, have no locus standi to challenge the NIT. Respondent's contention: The writ petitioners argued that their continuous engagement as outsourced workers for over 13 years has been jeopardized by the new tender process, implying they have a vested interest and thus locus standi.
AI-generated summary — verify with the full judgment below
Page No.# 1/5 GAHC010032242019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil) 611/2019 1:THE UNION OF INDIA AND 4 ORS. REP. BY THE SECRETARY TO THE GOVT OF INDIA, MINISTRY OF FINANCE, DEPTT OF REVENUE, CENTRAL BOARD OF EXCISE AND CUSTOMS, NEW DELHI, PIN- 110001 2: THE CHIEF COMMISSIONER OF GOOD AND SERVICE TAX (CENTRAL) AND CUSTOMS SHILLONG ZONE CRESCENS BUILDING MG ROAD SHILLONG MEGHALAYA- 07 3: THE COMMISSIONER OF GOODS AND SERVICE TAX DIBRUGARH MILAN NAGAR P.O- CR BUILDING DIST- DIBRUGARH ASSAM PIN- 786003 4: THE JOINT COMMISSIONER OF GOODS AND SERVICE TAX DIBRUGARH COMMISSIONARATE OF GST MILAN NAGAR P.O- CR BUILDING DIST- DIBRUGARH ASSAM PIN- 786003
Page No.# 2/5 5: THE ASSTT COMMISSIONER OF GST DIBRUGARH DIVISION OF GST MILAN NAGAR P.O- CR BUILDING DIST- DIBRUGARH ASSAM PIN- 78600 VERSUS 1:RAJIB KUMAR DHOLUA AND 11 ORS. S/O- LATE SUSTHIR KUMAR DHOLUA, R/O- CHIRING CHAPORI (THANA GOLI), P.O- DIBRUGARH, DIST- DIBRUGARH, ASSAM, PIN- 786001 2:GONESH RAJBONGSHI S/O- LATE KHETU RAJBONGSHI R/O- PASCHIM MILAN NAGAR NAGA BARI P.O CR BUILDING DIS
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