GUWAHATI, India, Nov. 30 -- Gauhati High Court issued the following order on Oct. 30:
1. Heard Mr. A. C. Borbora, the learned Senior Counsel assisted by Ms. N. Dey, the learned counsel appearing on behalf of the petitioner and Mr. B. K. Singh, the learned counsel appearing on behalf of the respondents.
2. The petitioner herein has assailed the communication dated 15.09.2021 as well as the order dated 09.08.2022 and further sought for direction upon the respondents to pay the security deposit amounting to Rs. 8,73,116/-.
3. The necessary facts relevant for the purpose of disposal of the instant writ petition are as infra.
4. The Respondent Authorities had issued a Short-Term Tender Notice for appointment of Mandi Labour Contract dated 26.12.2016 in a Two Bid System thereby inviting interested financially sound parties having business competency to participate. The scope of the said work is to execute Mandi Labour Operation by appointment of Mandi Labour Contractor at a designated Paddy Procurement Centre for stencilling, filling, dumping, stitching, unloading from scale, loading in trucks/carts within FCI District Nagaon, comprising Revenue District Hojai, Nagaon, Morigaon and Karbi Anglong for Kharif Marketing Season (KMS) 2016- 17 (Sali Paddy) commencing from 01.01.2017 for an initial period of two months with provision to extend or terminate the contract at the discretion of the FCI or till any other alternative arrangement by the FCI.
5. In the said Notice Inviting Tender, various terms and conditions have been mentioned as to how the Technical Bid as well as the Price Bid were required to be submitted. For the purpose of the instant case, Clause No.7 of the said Notice Inviting Tender is relevant in as much as the said Clause 7 stipulates that the handling items of food grains at the Mandis will be the relevant items of operations as defined in the terms of the Price Bid of HTC circulated by the Regional Office, Guwahati. It is further seen from the said Clause 7 that the relevant items of handling in the Price Bid have seven components, i.e.
(i) Filling Gunnies with prescribed Weight and Stacking;
(ii) Weighment;
(iii) For Breaking Stack;
(iv) Loading in Trucks;
(v) Breaking of Stacks and Restacking;
(vi) Supply of Casual Labour and
(vii) Loading/Unloading Gunny. It was further stipulated in the said Notice Inviting Tender that the rate is to be quoted on ASOR (Above Schedule of Rates) basis.
6. It is pertinent to take note of that in the said Notice Inviting Tender, there is a reference to the Model Tender Form. A perusal of the said Model Tender Form stipulates the Schedule of Rates and Services for Handling and Transport Contractors at FSD.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfPImAl71xxJfG5uqnwJIHVc3IBnamUNNkAWgOCFQVF6Z&caseno=WP(C)/5486/2022&cCode=1&cino=GAHC010164492022&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
