Kerala High Court
M/S. Blue Sky Port Services Pvt. Ltd vs Union Of India And Others on 13 October, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 26TH DAY OF MARCH 2012/6TH CHAITHRA 1934
WA.No. 1698 of 2011 ( )
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AGAINST THE ORDER/JUDGMENT IN WPC.26913/2011 DATED 13-10-2011
APPELLANT(S)/PETITIONER:
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M/S. BLUE SKY PORT SERVICES PVT. LTD.
REGION BUILDINGS, AIRPORT ROAD, VALLAKADAVU.P.O.
THIRUVANANTHAPURAM-695 008, REPRESENTED BY ITS
MANAGING DIRECTOR, JUDE SAJITH D'CRUZ.
BY ADVS.SRI.SUMAN CHAKRAVARTHY
SRI.A.S.ANILKUMAR
RESPONDENT(S)/RESPONDENTS:
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1. UNION OF INDIA AND OTHERS
REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH
AND FAMILY WELFARE, NEW DELHI-110 006.
2. HLL LIFE CARE LIMITED,
P.B.NO.2, PERRORKADA, THIRUVANANTHAPURAM-695 005
REPRESENTED BY ITS UNIT CHIEF.
3. THE SENIOR MANAGER (HR),
PURCHASE DEPT., HLL LIFE CARE LTD.
PERRORKADA FACTORY, PERRORKADA
THIRUVANANTHAPURAM-695 005.
4. M/S ME GUARD, TC 25/427,
NEAR PRS APARTMENTS, THYCAUD.P.O.
THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS
PROPRIETOR.
5. THE DEPUTY LABOUR COMMISSIONER,
THIRUVANANTHAPURAM [IMPLEADED AS PER ORDER IN
IA.16314/11]
BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
BY GOVERNMENT PLEADER SRI. P.I. DAVIS
BY ADV. V. KRISHNA MENON R2, R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26-03-2012, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 1698/2011
APPENDIX
ANNEXURE I : TRUE COPY OF THE COMMUNICATION DATED 17.10.2011.
ANNEXURE II : TRUE COPY OF THE TENDER DOCUMKETNS IN TENDER NO.
PUR/08/R1/PQ/MIS WORK/1/2011-12 DATED 02.03.2012.
ANNEXURE III : TRUE COPY OF THE APPLICATION TO THE SECOND
RESPONDENT.
ANNEXURE IV : TRUE COPY OF THE REPLY DATED 16.03.2012.
/TRUE COPY/
P.A. TO JUDGE.
MANJULA CHELLUR Ag. C.J. &
V. CHITAMBARESH, J
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W.A. NO. 1698 OF 2011
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Dated this the 26th day of March, 2012
JUDGMENT
Manjula Chellur, Ag. C. J.
Heard the learned counsel for the appellant. He approached the learned single Judge when the tender submitted by the tenderers came to be accepted after issuance of Ext.P8 notification. Apparently the appellant tenderer was not successful in getting the tender. If he were to respond to the invitation of tender and participate in the tender by giving application, there was no justification for him to question the tender process saying that Ext.P8 was already in force.
2. Even otherwise, it is the contention of the respondent that the said tender and work under the tender has come to an end and a new tender is invited. If that be so, the appellant can participate in the new tender and he is at liberty to challenge the said tender on the ground that it is in 2 WA No. 1698/2011 violation of the notification issued by the State Government fixing minimum wages.
With these observations, the appeal is dismissed.
MANJULA CHELLUR ACTING CHIEF JUSTICE V. CHITAMBARESH JUDGE ncd