Himachal Pradesh High Court
Himalayan Service vs )R To ( Jyotsna Rewal Dua ) on 20 August, 2021
Bench: Ravi Malimath, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 20th DAY OF AUGUST 2021
.
BEFORE
HON'BLE MR. JUSTICE RAVI MALIMATH,
ACTING CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No. 2846 of 2021
Between:-
HIMALAYAN SERVICE
PROVIDERS ASSOCIATION
THROUGH ITS GENERAL SECRETARY
SH. JAI SINGH THAKUR,
S/O SH. SHIV RAM THAKUR,
HAVING ITS REGISTERED OFFICE
AT SHOP NO. 9,
NEW HOUSING BOARD COLONY,
SANJAULI, SHIMLA, H.P. .....PETITIONER
(BY SMT. SEEMA K. GULERIA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH
THROUGH PRINCIPAL SECRETARY
(HEALTH) TO THE GOVERNMENT
OF HIMACHAL PRADESH, SHIMLA-171002.
2. DIRECTOR OF HEALTH SERVICES,
HIMACHAL PRADESH, SHIMLA.
.....RESPONDENTS
(BY SHRI AJAY VAIDYA,
SENIOR ADDITIONAL
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2
ADVOCATE GENERAL)
_______________________________________________________
.
This petition coming on for admission this day, Hon'ble
Ms. Justice Jyotsna Rewal Dua, passed the following:
ORDER
This writ petition has been filed for the following substantive prayers:
"(i) That the condition relaxed vide General Instructions (c), Eligibility Criteria (c), turnover criteria (j), clause 7, clause 12 financial proposal clause contained in Annexure P-3 and clause No. 2(eligibility of the bidder), period of contract, clause (vi) as contained in Annexure P-4 may kindly be quashed and set aside by issuing a writ in the nature of certiorari as the same are detrimental to the interest of patients and workers giving essential services in the Govt. Hospitals.
(ii) That the respondents may kindly be directed to not to change the eligibility criteria/essential conditions as contained in the tender documents P-5 and P-6 is of the previous year 2020 by issuing a writ of mandamus."
2. During hearing of the case, learned counsel for the petitioner restricted her submission with respect to tender condition pertaining to payment of minimum wages in the tenders floated by the respondents for providing outsource service for security, ::: Downloaded on - 31/01/2022 22:55:32 :::CIS 3 sanitation, cooked diet in Government Health Institutions of the State. The precise contention urged by learned counsel for the .
petitioner is that the tender earlier floated by the respondents had a condition with respect to providing minimum wages to the labour.
Learned counsel contended that such condition, which should have been in the tender calling for outsource service, has not been incorporated in the new tenders floated by the respondents. That omission of incorporation of this condition in the tender document would result in quotation of rates by the participating contractors without factoring the minimum wages required to be paid by them to the labour.
3. The contention raised by learned counsel is not correct on facts. Even in the new tender under the heading 'Payment Terms' after clause-51, it has been provided that while submitting the bill for next month, the service provider has to file a certificate inter alia certifying that he is complying with all statutory Labour Laws including the Minimum Wage Act. Compliance of the statutory Labour Laws is even otherwise incumbent upon the service provider.
We have no reasons to assume at this stage that minimum wages will not be paid by the selected Contractor. The arguments raised by learned counsel are mere apprehensions. There is no basis for such ::: Downloaded on - 31/01/2022 22:55:32 :::CIS 4 apprehensions. Therefore, no case for issuance of directions as prayed for is made out. The petition is accordingly dismissed.
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( Ravi Malimath ) Acting Chief Justice 20th August, 2021(vs)r to ( Jyotsna Rewal Dua ) Judge ::: Downloaded on - 31/01/2022 22:55:32 :::CIS