1/5 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25th DAY OF JULY 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.6821/2017 (GM-TEN) BETWEEN:
M/S. A.V.R. ENTERPRISES No.4, VENKATAREDDY BUILDING R.V. GARDEN, P.C. HALLI KOLAR – 563 101 REPRESENTED BY ITS PROPRIETOR SRI. A.V. RAMESH. …PETITIONER (BY SRI. NAGARAJAPPA A, ADV.,) AND:
THE BANGALORE URBAN, RURAL AND RAMANAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., BANGALORE DAIRY PREMISES Dr. M.H. MARIGOWDA ROAD D.R. COLLEGE POST, BENGALURU-560029 REPRESENTED BY ITS MANAGING DIRECTOR AND TENDER INVITING AUTHORITY.
…RESPONDENT (BY SRI. B.L. SANJEEV, ADV.,) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE NOTIFICATION DATED 03-02-2017 IN No.Bamul/ADMN-5/E-tender/2016-17/11 ISSUED BY THE RESPONDENT, PRODUCED AT ANNEXURE-F TO THE WRIT PETITION & ETC., THIS W.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. Nagarajappa A, Adv. for Petitioner Mr. B.L. Sanjeev, Adv. for Respondent 1. The petitioner-M/s.A.V.R.Enterprises has approached this Court by way of present writ petition against the Respondent-Bangalore Urban Rural and Ramanagar District Co-operative Milk Producers Societies Union Ltd., against the Tender Notice issued by the said Respondent vide Annexure-F dated 03.02.2017 inviting fresh e-Tenders for supply of labourers for the purpose of packing the milk produced by the Respondent-Cooperative Society.
2. The petitioner has set up the case in the present writ petition that the petitioner was engaged on contractual basis to supply these labourers and the work orders were awarded from time to time in favour of the petitioner and therefore, there was no reason for the Respondent to issue the fresh Tender Notice.
3. On the other hand, learned counsel for the Respondent-Cooperative Society has urged before the Court that only quarterly work orders were issued in favour of the petitioner from time to time and there is no legal vested right with the petitioner to continue with the said contract and since there were defaults in payment of ESI and P.F. contributions in respect of the labourers supplied by the petitioner, which the Respondent-Cooperative Society being the Principal employer had to discharge the said legal obligation towards the respective Departments, therefore, the Respondent-Cooperative Society has thought it fit to invite fresh tenders for the said contract for supply of the labourers.
4. Having heard the learned counsels, this Court is satisfied that no interference for the contractual process in the present case is called for. The writ jurisdiction under Article 226 of the Constitution of India cannot be invoked for this purpose. There is no legal vested right with the petitioner to continue with the said contract for supply of labourers for indefinite period and admittedly, last work order issued in favour of the petitioner has come to an end or is likely to come to an end shortly.
5. It is stated at the bar that the petitioner has himself participated in the said fresh tender process in pursuance of the notice issued on 03.02.2017 and bids have been received from the respective persons. The Respondent-Cooperative Society is at liberty to open those tenders and award fresh contract in accordance with law.
6. The petition is accordingly disposed of. No costs. In view of the dismissal of the writ petition, I.A.2/17 filed for vacating stay does not survive for consideration and stands dismissed.
Srl.
Sd/- JUDGE