Well Protect Manpower Services Pvt.Ltd. v. Dr Baba Saheb Ambedkar Hospital & Anr.

Delhi HC5 Jan 2024W.P.(C)/162/2024

Case brief

AI extract

What is this about?

The Division Bench referred a writ petition challenging a public hospital's security service tender. The court directed the respondent to dispose of pending representations and grant the petitioner a week to file a comprehensive representation before deciding on the bid's validity.

What did the court decide?

Petitioner allowed one week to file a comprehensive representation; case to be disposed of in a reasoned order within three weeks thereafter.

Well Protect Manpower Services Pvt.Ltd. Vs Dr… — Labour and Industrial Disputes | Delhi HC (2024)

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$~ S-20

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 162/2024 & CM APPL.771/2024

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WELL PROTECT MANPOWER SERVICES PVT.LTD.

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..... Petitioner

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Through: Ms.Maninder Acharya, Sr.Advocate with Mr.Tarkeshwar Nath, Mr.Lalit Mohan, Mr.Akash Kumar, Ms.Niharika Singh and Mr.Akash Mohan, Advocates.

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versus

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DR BABA SAHEB AMBEDKAR HOSPITAL & ANR.

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..... Respondents Through: Mr.Udit Malik, ASC (Civil) with Mr.Vishal Chanda, Advocate and Mr.Dinesh Sehrawat, Sr.Asst. Mr.Satyakam, ASC.

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R

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% 05.01.2024

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Present writ petition has been filed primarily challenging the bid document dated 5^th December, 2023 issued by the Respondent No.1Hospital in Bid Number GEM/2023/B/4279990.

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Learned senior counsel for the Petitioner states that GNCTD vide its order dated 23^rd October, 2023 fixed the rates of Minimum wages for Unskilled, Semi-Skilled and Skilled categories as Rs.673/-, Rs.742/- and Rs.816/- per day respectively.

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She states that Respondent No.1 through GeM (Government E- Marketplace) invited bid/tender for providing Security Services in its

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 15:51:21

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premises for a period of three years. The tender was for deployment of 203 Security Guards and 9 Security Supervisors in the premises of the Respondent-Hospital. The estimated annual value of the contract was Rs.17,92,68,660/-.

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Learned senior counsel for the Petitioner states that the impugned bid document fixes the basic pay at Rs.742/- (minimum daily wages) of semiskilled manpower with no provision of statutory requirements of PF, EDLI, ESI, EPF and Bonus. Further, there is no provision for higher basic pay for security supervisors who fall in the category of skilled or highly skilled workers. In support of her submissions, she relies upon the Division Bench judgment of this Court in M12C Security & Facilities Private Limited Vs. Government of NCT & Ors., 2013 SCC OnLine Del 3906 .

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A perusal of the paperbook reveals that the Petitioner had, prior to the filing of the present writ petition, filed a number of representations which have not been disposed of till date. 6. Keeping in view the fact that the Respondent-Hospital is obliged under the bid document to dispose of the representations filed by the Petitioner-Tenderer, this Court disposes of the present writ petition by giving an opportunity to the Petitioner to file a comprehensive representation within a period of one week. In the event the representation is filed within a week, the same shall be disposed of by way of a reasoned order within three weeks thereafter. The Respondent-Hospital shall not open the price bid for a period of one week after the disposal of Petitioner’s representation.

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Till the new contractor is appointed, the contract of the existing contractor may be continued on the existing terms and conditions or an

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 15:51:21

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alternative ad hoc arrangement be made. With the aforesaid directions, the present writ petition and application stand disposed of.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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JANUARY 5, 2024/ TS

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 15:51:21

Well Protect Manpower Services Pvt.Ltd. v. Dr Baba Saheb Ambedkar Hospital & Anr.

Case brief

What is this about?

What did the court decide?

Well Protect Manpower Services Pvt.Ltd. v. Dr Baba Saheb Ambedkar Hospital & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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