Calcutta High Court
West Bengal Permanent Jute Workers ... vs Union Of India And Ors on 20 September, 2024
OD-2
ORDER SHEET
WPO/818/2024
[WITH WPA/22062/2024]
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WEST BENGAL PERMANENT JUTE WORKERS UNION
VS
UNION OF INDIA AND ORS.
BEFORE:
The Hon'ble JUSTICE SUBHENDU SAMANTA
Date : 20th September, 2024
Appearance:
Mr. Jayanta Kr. Mitra, Sr. Adv.
Mr. Sarvapriya Mukherjee, Adv.
Mr. Arnab Sardar, Adv.
...for the petitioner in WPO/818/2024
Mr. Abhrajit Mitra, Sr. Adv.
Ms. Rajshree Kajaria, Adv.
Mr. Dipan Sarkar, Adv.
Mr. Satadeep Bhattacharyya, Adv.
Mr. Samriddha Sen, Adv.
...for the petitioner in WPA/22062/2024
and respondent no.6 in WPO/818/2024
Mr. Rajdeep Majumdar, Ld. DSGI Mr. Dibashis Basu, Adv.
Mr. Mayukh Mukherjee, Adv.
...for Union of India and Jute Commissioner The Court: Both the writ petitions are filed challenging the introduction of policy of the Central Government for procurement of jute bags for packaging of food grains through the Government e-Marketplace (GeM) portal.
It is the specific case of the petitioner that the initiation of the said e- tender process for procurement of the jute bags for packaging of food grains 2 through the Government e-Marketplace is violative to the provisions of the Jute Packaging Materials (Compulsory Use in Packaging Commodities) Act, 1987.
Learned senior counsel Mr. Jayanta Mitra submits that there is a reasonable apprehension for the petitioners that if the policy implemented for procurement of the jute materials by the Central Government comes into operation, the person engaged in production of raw jute and jute packaging materials, their interest thereof would be hampered. The statutory direction of mandatory packaging and suitable mechanism is carried on by the Central Government/Jute Commissioner would also be violative. The statutory dues to jute workers and prompt payment of jute farmers and balers from procurement of raw jute as per the Labour Law enforced would also be violative.
Mr. Majumdar submits that the present petitioner has not actually registered themselves in the portal. For that reason, the initial 10% of the indent for the food grain through reserve auction on GeM portal could not be carried on.
Mr. Majumdar submits that the purchasing of jute bags through open bidding by the Ministry of Textiles is not a new issue. The matter has already been considered by the Government of India, Ministry of Textiles in the year 2002 wherein in addition to the subsisting policies, the government agency has been directed to opt to purchase the jute bags through National Competitive Jute (Open Tender Provisions). Mr. Majumdar further argued that a specific direction was reached to the Ministry through the Office of the Hon'ble Prime Minister for initiation of the GeM portal. Such directives took place in the General Finance Rules, 2017 at Rule No. 149, wherein it has been guided that 3 all the government procurement should be made through the Government e- Marketplace (GeM) portal for the purpose of transparency of procurement. By virtue of such directives, the Cabinet Secretariat vide Notification dated 8 th December, 2017 has initiated a Code named as Government of India (Allocation of Businesses) Code; wherein in the entry 32 the following entry shall be substituted as follows:-
"32. Development, operation and maintenance of National Public Procurement Portal - Government e-Marketplace".
Mr. Majumdar further pointed out that by virtue of the said codified direction, the Ministry of Textiles, for the first time on 30 th November, 2018, has passed an order wherein it has been directed that 100% of the food grain should be packed through jute packaging materials, among them initially. 10% of the indent for food grain would be placed through reverse auction on Government e-Marketplace (GeM) portal. Mr. Majumdar further submits that thereafter several orders have been passed through the Ministry of Textiles maintaining the said percentage of procurement of jute materials for 10% of the food grains. It is the submission of Mr. Majumdar that the Central Government has adopted the policy but due to the non-participation of the present petitioner, the policy could not be implemented. He further submitted that this is a policy decision of Central Government, the Writ Court cannot interfere with the policy of the State.
Considering the submission of parties, it appears to me that the petitioner has demonstrated a reasonable apprehension for the violation of 4 their interest as well as the violation of the specific statutory rule made out thereof. Considering the situation, it is necessary that the respondent authorities shall come with a specific affidavit stating, inter alia, regarding the modalities and the entire procedure for initiating the Government e-Market portal and how far the scheme maintained the statutory safeguards to the persons and industries meant thereof.
The affidavit has to be placed with this Court on or before November 22, 2024. Reply thereof, by the petitioner, be filed within one week thereafter.
Let the matter appear in the list on 29 th November, 2024. Considering the entire facts and circumstances of this case, till the matter be resolved, the respondent authorities are hereby restrained to initiate the procurement of the jute materials/jute bags through GeM portal till the adjourned date.
Leave is granted to the petitioner in WPO/818/2024 to raise new points on the basis of a supplementary affidavit.
The supplementary affidavit be filed within two weeks. The affidavit-in-opposition against the supplementary affidavit be filed within one week thereafter.
(SUBHENDU SAMANTA, J.) sg.