The High Court dismissed a writ petition challenging the eligibility criteria and EPF registration requirement in a tender for transportation of food-grains. The Court held that experience clauses spanning different periods were not anomalous and that EPF registration was a valid requirement for contractors.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11684 of 2024
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Pankaj Kumar Purbey son of Late Mohan Lal Purbey, resident of Near Argora Chowk, Ward No. 36, P.s. Katihar (Town), District-Katihar.
... ... Petitioner/s
... ... Respondent/s
| =============== Appearance : For the Petitioner/s For the Respondent/s =============== |
======================================= : Mr.Pranav Kumar Jha, Advocate Mr.Subodh Kumar Jha, Advocate Mr.Sarveshwar Tiwary, Advocate : Mr.Anjani Kr., Sr. Advocate Mr.Shailendra Kumar, Sr. Advocate Mr.VinayKriti Singh, Advocate Mr.Venkalesh Kirti, AC to GA-2 ======================================= |
|---|---|
| CORAM: HONOU and |
RABLE THE CHIEF JUSTICE |
HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 13-08-2024
The petitioner is concerned with the Notice Inviting Tender cum Detailed Bidding Document (for brevity ‘NIT’) at Annexure P/1 issued for empanelment of two transporters for Transportation Cum Handling Contract for transportation of
Patna High Court CWJC No.11684 of 2024 dt.13-08-2024 2/3
food-grains at the District-Katihar.
Patna High Court CWJC No.11684 of 2024 dt.13-08-2024 3/3
number by the Employees Provident Fund (for brevity ‘EPF’) Organisation. The contention against the said contention is that once the contractor enrolls himself in the EPF Organisation, he would be obliged to follow the same for future also despite the number of employees going below the coverage as stipulated by the Employees Provident Fund Act, 1952.
(K. Vinod Chandran, CJ)
( Partha Sarthy, J)
Anushka/- AFR/NAFR CAV DATE Uploading Date 14.08.2024 Transmission Date
2 issues framed by the court
Whether clauses requiring specific financial experience in preceding three years and five years experience in specific contracts were legally sustainable and non-contradictory.
Whether insisting on EPF registration for contractors in a transport tender was valid despite welfare legislation status.
1 provisions across 1 enactments
Pankaj Kumar Purbey
The Bihar State Food and Supply Corporation
The Managing Director, Bihar State Food and Supply Corporation
The District Magistrate cum Chairman, District Transport Committee, Katihar
The Additional Collector cum Deputy Chairman, District Transport Committee, Katihar
The Deputy Development Commissioner cum Member, District Transport Committee, Katihar
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
