SENTHIL TRANSPORTS Vs. BHARAT HEAVY ELECTRICALS LIMITED

JUDGEMENT

(1.) Since the issues raised in all these writ petitions are one and the same, they are taken up together for disposal by this common order.

(2.) The petitioners are small and medium transport operators having been registered with the respondent Bharat Heavy Electricals Limited (in short "BHEL") for transportation of raw materials to the fabrication shops at Trichy and Ranipet from Chennai Harbour as well as moving the finished boilers and other accessories to various thermal plants situate all over the country. Most of the operators run the above business for more than 15 to 20 years. The contracts were awarded for utilising the services of the transport carriers. In the year 1999, BHEL issued a public notice calling applications from the transport fleet owners for registration for the purpose of undertaking transport of smalls/parcels/full lorry/trailer/ over dimensional loads from the respondent BHEL complex at Trichy to various destinations in India and vice versa. The following are the requirements for registration:- (i) Experience of not less than 3 years in transportation of consignments similar to BHEL's requirements. (ii) Indian Banks' Association membership valid for a minimum period of one year from the date of application. (iii) Minimum 10 lorries/5 open trucks/5 trailers/higher capacity/special vehicles relevant to each category applied for, in operation, owned by the firm or in the name of the partner/directors/proprietor with valid All India permits for all vehicles. (iv) Branch offices at Trichy, Ranipet and Chennai in addition to branches all over India. Almost about 46 fleet owners who satisfied the terms and conditions stipulated in the public notice were permitted to act as transport carriers. On 12.11.2002, the BHEL issued another public notice calling for applications. The minimum requirements as stipulated in the said notice are as follows:- (i) Experience of not less than three years in transportation of consignments similar to BHEL's requirements. (ii) Indian Banks' Association membership currently valid. (iii) Minimum no. of vehicles required for registration. <FRM>MAH.B.1004.241205.htm</FRM> To carry high width material. (iv) The vehicles should be owned by the firm or in the name of the parner/directors/proprietor with currently valid documents viz., R.C., Inter-State, Permit, Insurance Certificate, Road Tax Receipt, Fitness Certificate for all vehicles. (v) Branch offices at Trichy, Ranipet and Chennai. In addition to these, branch/contact offices in various States as specified in the application for the respective category.

(3.) In response to the said notice, nearly 70 fleet operators submitted their applications for registration. Without considering those applications, BHEL again issued another public notice dated 12.7.2003 calling for applications from the transport carriers for registration on the following requirements:- (i) Currently valid Indian Banks' Association membership. (ii) BHEL requires the following types of vehicles for transporting their consignments on a monthly basis. <FRM>MAH.B.1004.1.241205.htm</FRM> (iii) Number of branch offices on All India Basis = minimum 100 covering all States where BHEL sites are situated. (iv) Annual turnover: Minimum Rs.50 crores average of last three years. (v) Availability of Branches in all the on going sites of BHEL, Tiruchirappalli (For details ref.Application) (vi) Experience: NOT LESS THAN 5 YEARS in transporting similar materials for Heavy Industries like BHEL and other Public Sector companies, using OWN or Associates vehicles. (vii) Web based Vehicle Tracking System and Internet facility. (viii) The availability of e-Connectivity in three branches at Trichy, Chennai and Ranipet in addition to their Head Office and all major branches. The petitioners are aggrieved with the requirement nos.(iii) and (iv) of the public notice dated 12.7.2003.