HARISH KUMAR SETH Vs. EASTERN COALFIELDS LIMITED & ORS
LAWS(CAL)-2012-4-164
HIGH COURT OF CALCUTTA
Decided on April 05,2012

HARISH KUMAR SETH Appellant
VERSUS
EASTERN COALFIELDS LIMITED And ORS Respondents

JUDGEMENT

- (1.) The petitioner in this WP under art.226 dated December 24, 2010 is seeking the following principal relief: "a) a writ in the nature of Mandamus asking the respondents, their men, agents and subordinates as to why the said circular for imposition of such unreasonable clauses should not be quashed and/or set aside forthwith."
(2.) The circular referred to in prayer (a) is at p.62. It is dated November 25, 2010 and it was issued by the Sr. Manager, (MM/S) of Eastern Coalfields Limited (in short ECL) to "Area Stores Officer, All Areas of ECL, (Except: Rajmahal, S.P. Mines & Sonepur-Bazari Area)." It was regarding "Eligibility Criteria for Mining Timber Transport Contract."
(3.) The part of the circular questioned by the petitioner is quoted below: "9.The Bidder should not be an Agent of West Bengal Forest Development Corporation Limited. The intending bidders should submit: 1. A "No relation Certificate" stating that none of their relation / family member is/are employed in ECL/CIL or any of it's subsidiary company. 2. An affidavit (executed before an Executive Magistrate) to the extent that the intending bidder does not own a Saw-mill any where either in the name of the bidder or any of his/her relation / firm participating in the tender or any of its' partners.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.