2017 (1) TMI 268

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.... Lal ORDER Challenge in this writ petition under Article 226 and 227 of the Constitution is made to an award of a contract given to respondent nos. 3 and 4 by the Income Tax Department in the matter of supplying of technical and non-technical labours to the department. 2. A tender notice was published on 19/10/16 calling for bids. Petitioner and respondent no. 3 submitted their bid for bo....

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.... has been filed. 4. Placing reliance on a judgment of the Supreme Court in the case of State of Jharkhand & others Vs. M/S Cwe-Soma Consortium decided on 12th July, 2016, Shri Gupta argued that the contract awarded is illegal. 5. On the contrary, Shri Shri Sanjay Lal invited our attention to the judgments rendered by the Supreme Court in the case of Tata Cellular Vs. Union of India (1994) 6 ....

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.... is any statutory violation or malafides made out in awarding of a contract. Clause 7.5 of the Contract conditions reads as under :- The amount payable to contract labour should not be less than the rate fixed by the State Govt./or Central Govt. rate whichever is lower. Please furnish documentary evidence regarding minimum labour charges per day fixed by the State Government/Central Gover....

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....d, we cannot permit bifurcation of the contract for supplying of technical labours and non-technical labours by two different contracts. The contract is a consolidated contract for supply of both class of labours by one contract and if based on the subjective satisfaction of the employer and looking to the various aspects of the matter, they have awarded the contract to respondent no. 3 then in th....