Court dismissed long-pending writ petitions challenging a 2016 tender. No one appeared; petitions considered dead and no operative legal principle established.
Petitions dismissed for lack of presence and survival.
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December 17, 2021 AD 14 & 15 SG
WPA 24460 of 2016
with WPA 24461 of 2016 South Eastern Railway Thika Sramik Union and another -versusThe Union of India and others Mr. Anirban Ray, ld. G.P. Mr. T.M. Siddiqui, Mr. Debashish Ghosh, Advocates
… for the State in WPA 24460 of 2016.
Mr. Anirban Ray, ld. G.P. Mr. T.M. Siddiqui, Mr. Nilotpal Chatterjee, Advocates
… for the State in WPA 24461 of 2016.
None present for the petitioners.
Records reveal that these petitions were filed in the year 2016 challenging the Tender Notice No.EL/HWH/25/21/2836 for escorting job of coach attendant for bed roll distribution for various trains at sorting yard coaching depot for one year.
The grievance raised by the petitioners at that time was that the hourly rate fixed for the labours was much less than the minimum wages.
The NIT was for one year and thereafter more than 5 years have passed. Therefore, nothing survives in these petitions. Even otherwise no one is present to prosecute the petitions which are accordingly dismissed.
( Prakash Shrivastava, C.J.)
(Rajarshi Bharadwaj, J. )
1 issue framed by the court
Whether writ petitions challenging a tender notice from 2016 still survive given that over 5 years have passed and no one is present to prosecute them.
South Eastern Railway
Thika Sramik Union
Union of India
Prakash Shrivastava
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
