BAKSHI SECURITY AND PERSONNEL SERVICES PVT. LTD. Vs. DEVKISHAN COMPUTED PVT. LTD. AND ORS.
LAWS(SC)-2016-7-55
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on July 26,2016

Bakshi Security And Personnel Services Pvt. Ltd. Appellant
VERSUS
Devkishan Computed Pvt. Ltd. And Ors. Respondents

JUDGEMENT

R.F.NARIMAN, J. - (1.) Leave granted.
(2.) On 20.11.2014, the Commissioner of Transport, Government of Gujarat, floated a tender seeking bids for services inter alia of supervisors, computer programmers, data entry operators, and electrician staff at 11 RTO check -posts. A few material clauses of the tender are set out hereinbelow: - "2.5.5 Commercials The Commercial Bids should strictly conform to the formats provided in Annexure 2 of this tender document. 2.5.6 Fixed Price Prices quoted by the Bidder shall be fixed and no variation will be allowed under any circumstances during the entire period of the project. No open -ended Bid shall be entertained and the same is liable to be rejected straightaway. 2.8.3 Rejection of Bid The hard -bound copy of Technical Bid Document shall be submitted in the form of printed document. Bids submitted by Telex, fax or email shall not be entertained. Any bid not secured in accordance with Clause 2.8 mentioned above, shall be rejected by COT without any further correspondence, as non -responsive. A bid that does not meet all pre -qualification criteria or is not responsive or not fulfilling technical evaluation shall be rejected by COT, and may not subsequently be made responsive by correction or withdrawal of the non -conforming deviation or reservation by the Bidder. 3.4.5 It shall be the responsibility of the Bidder to abide by the provisions of the labour welfare legislations, like The Payment of Wages Act, 1936, The Payment of Bonus Act, 1965, The Minimum Wages Act, 1948, The Equal Remuneration Act, 1976, The Payment of Gratuity Act, 1972, The Employees' State Insurance Act, 1948, Contract Labor Act, 1970, The Workmen's Compensation Act, 1923 and other similar legislations, rules, and orders as issued from time to time. Annexure ­ 2 (Financial Bid) Format for Financial Bid Price Bid: (Financial/Commercial Bid submitted in physical form shall be liable for rejection. It should be submitted online only at) Please provide price bid for supply of Man Power to be deployed at different Check -posts/CMC. JUDGEMENT_55_LAWS(SC)7_2016.jpg 1. Salary paid to the deployed manpower should not be less than the minimum wages published as per the notification issued by state govt. labour department or other statutory benefits applicable. In case of revision of minimum wages/DA by the labour department, agency would be entitled to get the revised rates from Commissioner of transport. 2. Break -up of salary for each category of employee should be provided indicating clearly the wages, DA, other mandatory statutory benefits and the service charges. 3. If the component of salary quoted is less than the minimum wages prescribed or the components of mandatory statutory benefits are not included in the break -up, the bid is liable to be rejected. 4. The quantity of manpower required may vary and the supplier may be asked to supply upto 25% extra manpower at the rate quoted above. 5. L1 will be decided on grand total. Signature: Date: Designation: Seal:"
(3.) The financial bids were opened on 10.12.2014. 9 bidders gave financial bids of which only three were qualified. The Appellant bid for a total amount of Rs.2,92,93,944/ -; Respondent No.1 bid for Rs.2,77,68,000/ -, and one Airan Consultants Pvt. Ltd. made a bid for Rs.3,03,83,184/ -.;


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