Himachal Pradesh High Court
M/S Bobby Dadri Through Its vs State Of H.P on 28 October, 2021
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 28th DAY OF OCTOBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE SABINA
CIVIL WRIT PETITION No. 6725 of 2021
Between:
M/S BOBBY DADRI THROUGH ITS
SOLE PROPRIETOR SH. BOBBY
DADRI, S/O SH. MADAN LAL,
HAVING OFFICE AT LOWER
ARNIALA, WARD NO. 4,
HARMIRPUR ROAD, UNA,
DISTRICT UNA, H.P.
......PETITIONER
(BY MS. SEEMA K. GULERIA,
ADVOCATE.)
AND
1. STATE OF H.P., THROUGH
ITS SECRETARY URBAN
DEVELOPMENT TO THE GOVT. OF
HIMACHAL PRADESH, SHIMLA.
2. LABOUR COMMISSIONER,
HIMLAND HOTEL, SHIMLA-171001.
3. MUNICIPAL COUNCIL
SANTOKHGARH, THROUGH ITS
EXECUTIVE OFFICER,
SANTOKHGARH, DISTRICT UNA,
H.P.
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-2-
...RESPONDENTS
(BY MR. ASHOK SHARMA,
.
ADVOCATE GENERAL WITH MS.
RITTA GOSWAMI, ADDITIONAL
ADVOCATE GENERAL AND MS.
SEEMA SHARMA, DEPUTY
ADVOCATE GENERAL.)
____________________________________________________
This petition coming on for admission this day,
Hon'ble Mr. Justice Mohammad Rafiq, passed the following:
ORDER
This writ petition, in our view, is premature.
2. The petitioner is one of the bidders, who has submitted tender in response to the e-Tender notice issued by the respondents on 15th September, 2021 for the work of collection of door to door garbage and segregation in 9 wards from residential, commercial and other establishment of the town (Job-I) and sanitation and cleanliness of Santokhgarh Town of all the wards and residential, commercial and offices, situated therein (Job-2) pertaining to the Municipal Council timing from 7.00 a.m. to 12.00 (noon) and 2.00 p.m. to 5.00 p.m.
3. The apprehension of the petitioner is that even though, it has given its bid by taking into consideration the employees' Provident Fund at the rate of 13% and ESI at the ::: Downloaded on - 31/01/2022 23:14:16 :::CIS -3- rate of 3.25% and the wages of the workers as per the Minimum Wages Act, but there are other bidders, who have offered lower .
bids by not adhering to these requirements of law.
4. The learned Counsel for the petitioner submits that the petitioner has already submitted a representation (Annexure P-4) to the respondent-Executive Officer of the Municipal Council, Santokhgarh on 12.10.2021, inviting his attention to all these aspects, which is still pending.
5. Accordingly, we dispose of the writ petition by directing the respondent concerned to consider the representation of the petitioner (Annexure P-4) by evaluating the bids offered by different parties, and pass an appropriate order.
6. The pending application(s), if any, also stands disposed of.
( Mohammad Rafiq ) Chief Justice ( Sabina ) Judge October 28, 2021 (hemlata) ::: Downloaded on - 31/01/2022 23:14:16 :::CIS