The High Court dismissed a writ petition challenging the adhoc allotment of a food grain lifting contract to the petitioner amidst an emergent stock situation held as a gross abuse of process of law.
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 PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 15333 of 2011 Date of decision: 19.10.2011
All India Food and Allied Worker Union and ors
…..Appellants
vs.
State of Punjab and ors …..Respondents
CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE G.S. SANDHAWALIA
Present: - Ms. Pooja Chopra, Advocate for the petitioner.
Mr. Piyush Kant Jain, Addl. A.G., Punjab for respondent No. 1.
Mr. Rakesh Gupta, Advocate for respondent Nos. 2 and 3.
Mr. Sameer Sachdeva, Advocate for respondents No.5.
HEMANT GUPTA, J
Petitioner claims a writ of mandamus directing the respondents No. 1 to 4 to implement its decision dated 23.4.2011 (Annexure P-9). Petitioner also claims a writ of certiorari for quashing the tender notice dated 26.7.2011 (Annexure P-7)
M/s The Bharat Cooperative Labour and Construction Society and M/s Ariyan Wala Co-operative Labour and Construction Society were awarded labour contracts of different agencies @ 36% less than the scheduled rates for the year 20112012 at Guru Harsahai Center. However, the aforesaid contractors failed to carry out the works as awarded and consequently they were blacklisted on 15.4.2011 and the contract terminated.
Learned counsel for the petitioner relies upon an order 23.4.2011 (Anneuxre P-9), wherein the petitioner was given the
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contract which was earlier granted to M/s Ariyan Wala Cooperative Labour and Construction Society, Jalalabad & M/s The Bharat Co-operative Labour and Construction Society. In terms of the said order, an agreement dated 23.4.2011 (Annexure P-9) is said to have been executed between the petitioner and District Manager, Markfed.
In the written statement filed on behalf of respondents No. 2 and 3, it is averred that every year tenders for loading and unloading of the food commodities for a period of one year is granted. The contract in respect of Guru Harsahai Center for the year 2011-2012 was granted to M/s Ariyant Wala Co-operative Labour and Construction Society and Bharat Co-operative Labour and Construction Society @ 36% less than the scheduled rates. But the said societies failed to lift the food grains. The situation at Mandi got serious due to non-lifting of food grains. The inflow of wheat at the Mandi was huge and due to bad weather conditions, a serious situation was prevailing at Mandi. To meet out the said challenge, the petitioner was called at the spot and was allotted the work for all the state procurement agencies at the basic rates i.e. 36% above the rates initially offered by societies. It is also pleaded that in terms of the communication dated 23.42011, agreement dated 5.5.2011 (Anneuxre R-1) was executed by the petitioner for the period commencing from 23.4.2011 till further orders with District Manager, PUNGRAIN.
The sequence of events leave no manner of doubt that the petitioner was given contract to lift the food grains from Guru Harsahai Center in view of the emergent situation and at a rate which was 36% above the rates initially offered by the contractors. Such contract was awarded without any public notice but to
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facilitate the movement of food grains which were lying in stock at the Center. Such adhoc arrangement does not confer any right to the petitioner to continue with the contract for any fixed term or that the respondents are not justified in issuing tender notice so as to award the contract after given opportunity to all willing tenderers to participate in respect of the work at Guru Harsahai Center. The present petition is gross abuse of the process of law.
In view of the said fact, present petition is dismissed with costs of Rs. 5,000/-. The said costs be deposited with High Court Legal Services Committee within two weeks from today.
(HEMANT GUPTA) JUDGE
(G.S. SANDHAWALIA) JUDGE
19.10.2011 preeti
2 issues framed by the court
Whether the petitioner has a right to continue the adhoc contract awarded for lifting food grains.
Whether the issuance of a tender notice constitutes malpractice or abuse of process of law by the respondents.
All India Food and Allied Worker Union and ors
State of Punjab and ors
Hemant Gupta
G.S. Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
