Partly allowed

The Union of India and 4 Ors. v. Rajib Kumar Dholua and 11 Ors.

Gauhati HC4 Sept 2019I.A.(Civil)/611/2019

Case brief

AI extract

What is this about?

The Gauhati High Court withdrew an interim order restraining the Central Board of Excise and Customs from proceeding with a tender for outsourced manpower. While noting the employees likely lacked locus standi as individuals, the court vacated the stay to allow amicable continuation of services.

What did the court decide?

Vacated interim order; directed authorities to ensure continuance of engagement of opposite parties with the selected provider.

The Union of India and 4 Ors. Vs Rajib Kumar Dholua… — Service and Employment | Gauhati HC (2019)

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GAHC010032242019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 611/2019

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1:THE UNION OF INDIA AND 4 ORS.

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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

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2: THE CHIEF COMMISSIONER OF GOOD AND SERVICE TAX (CENTRAL) AND CUSTOMS SHILLONG ZONE CRESCENS BUILDING MG ROAD SHILLONG MEGHALAYA- 07

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3: THE COMMISSIONER OF GOODS AND SERVICE TAX DIBRUGARH MILAN NAGAR P.O- CR BUILDING DIST- DIBRUGARH ASSAM PIN- 786003

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4: THE JOINT COMMISSIONER OF GOODS AND SERVICE TAX DIBRUGARH COMMISSIONARATE OF GST MILAN NAGAR P.O- CR BUILDING DIST- DIBRUGARH ASSAM PIN- 786003

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5: THE ASSTT COMMISSIONER OF GST DIBRUGARH DIVISION OF GST MILAN NAGAR P.O- CR BUILDING DIST- DIBRUGARH ASSAM PIN- 78600 VERSUS

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1:RAJIB KUMAR DHOLUA AND 11 ORS.

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S/O- LATE SUSTHIR KUMAR DHOLUA, R/O- CHIRING CHAPORI (THANA GOLI), P.O- DIBRUGARH, DIST- DIBRUGARH, ASSAM, PIN- 786001

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2:GONESH RAJBONGSHI S/O- LATE KHETU RAJBONGSHI R/O- PASCHIM MILAN NAGAR NAGA BARI P.O CR BUILDING DIST- DIBRUGARH ASSAM PIN- 786003

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3:KONENG CHAYENGIA D/O- LATE CONGADHAR SONKORA R/O-PASCHIM MILAN NAGAR Q LANE P.O- CR BUILDING DIST- DIBRUGARH ASSAM PIN- 786003 4:JAGMOHAN BASFOR S/O- LATE BIJOY BASFOR R/O- CHOWKIDINGI DIBRU COLONY MANCOTTA ROAD P.O- CR BUILDING DIST- DIBRUGARH ASSAM PIN- 786003

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5:DEBAJIT SAIKIA S/O- LATE BONAMALI SAIKIA R/O- MANCOTTA TEPOR GAON P.O- CR BUILDING

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DIST- DIBRUGARH ASSAM PIN- 786003

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6:MRIGANKA KASHYAP R/O- LILA GOGOI PATH MILAN NAGAR P.O- CR BUILDING DIST- DIBRUGARH ASSAM PIN- 786003

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7:ARUN GOGOI S/O- LATE LAKHESWAR GOGOI R/O- NATUN BECHAA PATHAR BECHA PATHAR P.O- DIBRUGARH DIST- DIBRUGARH ASSAM PIN- 786001

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8:SANJIB G MOMIN S/O- LATE JALISH G MOMIN R/O- KHALIHAMARI JAIL ROAD P.O- DIBRUGARH DIST- DIBRUGARH ASSAM PIN- 786001

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9:DIMBESWAR GOGOI R/O- CHIRING CHAPORI(THANA GOLI) NANDANPUR P.O- DIBRUGARH DIST- DIBRUGARH ASSAM PIN- 786001 10:BINKU SONOWAL S/O-LATE MONUJ KUMAR SONOWAL R/O- HATIMORAH GAON MANCOTTA P.O- CR BUILDING DIST- DIBRUGARH ASSAM PIN- 786003

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11:BIKASH LAHON R/O- JAMIRAH KOPOW GAON P.O- DHAMAL GAON DIST- DIBRUGARH ASSAM PIN- 786004

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12:ANIL BASFOR S/O- LATE KISINDEW BASFOR R/O- SANTIPARA TARUN SAMITI LANE P.O- DIBRUGARH DIST- DIBRUGARH ASSAM PIN- 78600

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Advocate for the Petitioner : MR. S C KEYAL

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Advocate for the Respondent : MR. S N TAMULI

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 04-09-2019

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Heard Mr. SC Keyal, learned Assistant Solicitor General of India for the applicants and Mr. SN Tamuli, learned counsel for the opposite parties/writ petitioners.

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This application has been filed by the applicants for vacation of the interim order dated 02.11.2018, passed by this Court in the related WP(C) No.7613/2018 whereby applicants were restrained from proceeding with the tender process and service status of the opposite parties/writ petitioners, as on 02.11.2018, was directed to be continued.

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Opposite parties i.e., the writ petitioners are outsourced employees working in the office of Commissioner, Central Goods and Services Taxes, Dibrugarh Commissionerate under manpower service providers. They have been serving under manpower service providers since May, 2006.

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Joint Commissioner in the office of the Commissionerate had issued Notice Inviting Tender (NIT) dated 28.09.2018, inviting sealed tenders from reputed parties engaged in the

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business of providing manpower services for outsourcing services of unskilled workers for housekeeping works, door attendance duties etc. on need basis for a period of one year only.

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Basic contention of the opposite parties, as highlighted in the writ petition, is that that their engagements since May, 2006 would stand jeopardized by engagement of new manpower service provider in terms of the aforesaid NIT.

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This Court by order dated 02.11.2018 had issued notice and passed an interim order to the effect that applicants may not proceed with the tender process without the leave of the Court and status of the opposite parties, as on 02.11.2018, would continue till the next date.

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Mr. Keyal, learned Assistant Solicitor General submits that opposite parties being outsourced workers have no locus standi to question the NIT whereby tenders have been called for from manpower service providers.

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On the other hand, Mr. Tamuli, learned counsel submits that by an informal arrangement, service of the opposite parties have been continued as outsourced workers for more than 13 years now and by this NIT, their services have been totally jeopardized.

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Submissions made have been considered.

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Prima-facie, opposite parties not being manpower service providers may not have the locus standi to assail the NIT.

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After hearing learned counsel for the parties and on due consideration, interim order dated 02.11.2018 is vacated with the clarification that applicants may use their good office with the selected manpower service provider for ensuring continuance of engagement of the opposite parties.

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Interlocutory application is disposed of.

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Biplab JUDGE

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Comparing Assistant

The Union of India and 4 Ors. v. Rajib Kumar Dholua and 11 Ors.

Case brief

What is this about?

What did the court decide?

The Union of India and 4 Ors. v. Rajib Kumar Dholua and 11 Ors.

Case brief

What is this about?

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What the court decided

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