These petitioners are manufacturers of lifts. They approached this Court aggrieved by the various tenders being invited by the P.W. Department without complying with the provisions of the Kerala Lifts and Escalators Act and Rules made thereunder.
2. It seems the department has adopted invitation of limited tenders by inviting only few players who are engaged in the manufacture of lift. Ext.P20 produced in the W.P.(C) 16012/2014 indicates the name of manufactures. There was challenge before this Court on earlier occasion in respect of another tender.
4. According to the counsel for the petitioner that earlier tenders were challenged when there was no authorised manufactures registered with Electrical Inspector in terms of Kerala Lifts and Escalator Act and this Court allowed the Writ Petition directing to re-tender after inviting open tender. This was carried in appeal by the department. The judgment of the Writ Appeal No.491/2014 is placed before me by the learned counsel.
5. It is found by the Division Bench of this Court that calling for limited tenders is also an accepted method of inviting tenders, (though it was a challenge at the time when there were no authorised tenders registered with the Electrical Inspector). But the question that was considered by this Court was the fairness of the procedure adopted by the department. This Court found that there is nothing illegal in having a limited tender.
6. Therefore, I am of the view that above judgment is equally applicable to this case as the limited tender is permissible under law for the department. On that account, challenge is unsustainable.
7. However, petitioner submits that in terms of the Act, a Government Order is issued on 25.09.2014 and it categorise lift companies by experience and other requirements and therefore, hereafter, tender shall be invited only in accordance with Government Order dated 25.09.2014. I am of the view that once a Government Order is issued indicating the manner which the tenders has to be invited in respect of the lifts, the department shall follow the Government Order mutatis mutandis. The petitioner is also at liberty to challenge the Government Order, if they have any grievance against the stipulations in the Government Order.
This Writ Petition is disposed of. No costs.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE jjj