Kerala High Court
M/S.Reliance Security Agency vs Kerala State Beverages (M&M) ... on 26 August, 2009
Author: V.Giri
Bench: V.Giri
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14503 of 2009(G)
1. M/S.RELIANCE SECURITY AGENCY
... Petitioner
Vs
1. KERALA STATE BEVERAGES (M&M) CORPORATION
... Respondent
2. THE MANAGING DIRECTOR,
For Petitioner :SRI.D.KISHORE
For Respondent :SRI.ELVIN PETER.P.J, SC,BEVERAGES CORPN
The Hon'ble MR. Justice V.GIRI
Dated :26/08/2009
O R D E R
V.GIRI, J.
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W.P.(C).No.14503 of 2009
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Dated this the 26th day of August, 2009.
JUDGMENT
The 1st respondent issued a notification Ext.P1 inviting applications for providing supply of security guards in FL1 shops, warehouses and Head Offices under it. Ext.P2 stipulates the terms and conditions of the tender. Clause ii I(a) of Ext.P2 makes it clear that the rate quoted by the tenderer shall ensure minimum wages payable as prescribed in the notification dated 30.10.2001. The rate shall be inclusive of all statutory benefits payable except variable dearness allowance, which will be paid at the rate of Rs.2/- for every point above the base point of 600 of the wholesale price index notified etc. The petitioner submitted a tender and quoted an offer which according to the petitioner was inclusive of the variable dearness allowance also. This offer was not accepted by the Corporation. W.P.(C).No.14503 of 2009
:: 2 ::
2. A statement has been filed on behalf of the Corporation. Clause 2 in Ext.P2 is unambiguous.
The rate quoted by a tenderer should be all inclusive except variable dearness allowance. If that be so, the case of the petitioner that he has quoted the rate to tally with the requirements of the respondents, which according to the petitioner will not vary the tender conditions, is not correct.
I do not find any reason to interfere and do not find my way to issue any directions. Writ petition is accordingly dismissed.
Sd/-
(V.GIRI) JUDGE sk/ //true copy//