news details |
|
|
| Contractors can't participate in SFC tendering process: HC | | | Early Times Report
Jammu, June 10: Justice Sunil Hali of Jammu & Kashmir High Court Jammu Wing in three writ petitions and connected CMPs held that the work has to be executed by the State Forest Corporation by engaging labour mates, who alone are eligible to participate in the tendering process.The petitioners seeking quashment of decision taken by management committee of the state forest corporation on May 18, 2010, inviting tenders for making allotment of works through mates. Despite recommendations made for enhancement of rates, the recommendation of the National Productivity Council had not been accepted and also seeking direction to the SFC to allow the petitioners to participate in the tendering process for allotment of works. It is contended that the SFC has accepted the recommendation of NPC up to escalation of 50% and whereas it is more 50% that has been rejected.
It is stated that instead of implementing recommendations of NPC respondents have decided to get the work done through labour and mates by issuance tender Notice dated May 18, 2010. Petitioners stated that they have been excluded from filling their bids in response to tender notice. According to the State Forest Corporation, had floated tenders for extraction and transportation of timber from different forests. The tenders were floated six times from January 19, 2010 till May 5, 2010, but no response was given by the contractors and they stayed away from the tendering process, as a result of the continued boycott of work in Jammu region, the Corporation has not been able to opeartionalise the works plan for the year 2009-2010 and 2010-2011. Due to continued boycott by the registered contractors, the Corporation was left with no other option but to take the works departmentally through wage/ labour mates which resulted in issuance of tender Notice May 18, 2010.
Justice Sunil Hali after hearing the parties observed that two fold contentions had been raised by the petitioners that recommendation made by NPC have not been accepted by the corporation as a result of which the extraction and transportation of the timber by contractors is not economically viable. The second contention is that petitioners have not been permitted to participate in tender notice issued on May 18, 2010. The tendering process issued dated May 18, 2010 cannot be linked with the issue of enhancement of rates. Participation in tender process is voluntary act. All the bidders are required to comply with the terms and conditions of the tender documents.
They cannot impose condition that rates be enhanced before they participate in the tender process. The petitioners were given ample opportunities by the SFC to bid for the work of extraction and transportation through various notices issued from January 2010 till May 2010 as is revealed from record of the respondents as the petitioners have not responded to the said tender notices, they cannot be permitted to take the benefit of their own wrong. With these observations, the court finds no reasons to interfere with the tender process issued by the respondents dated May 18, 2010 at this stage and consequently the applications for interim injunction are rejected. The interim direction issued by this Court shall stand vacated and SFC will be free to allot the contract in terms of the tender notices. (JNF)
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
