SAMAPTI CHATTERJEE,J. - (1.) Assailing the impugned letter dated 6th November, 2015 issued by the Respondent no. 6, director (Contract) for Engineer-in-Chief, Military Engineer Services thereby directing the petitioners to participate in the tender process during the evolution of 'T' bid (Cover-1) of e-tendering, and that uploading of copy of Provident Fund Code number in addition to the other documents required shall be mandatory. It was also mentioned in the said impugned order that it should be clearly mentioned that contractor not in possession of this EPF Code number shall be disqualified in bid evolution and his financial bid shall not be opened.
(2.) The petitioners' case in nutshell is as follows: The petitioners are engaged in carrying on business of maintenance/E.P.R completion and finishing services such as glazing, plastering, flooring, wall tailing, installation, electrical fittings, etc. and the number of workers in the petitioners' establishment are below 20.
(3.) It is also the case of the petitioners that the petitioners also engaged Subcontractor for labour for execution of the said job. They provide service to the Headquarters, Commercial Works Engineer Military Engineer Services in Kolkata and other branches. It is also submitted that the impugned letter dated 6th November, 2015 has been issued in compliance of the letter issued by the Secretary, (Ministry of labour and employment), Government of India, dated 15th July, 2015 to the effect that all construction workers are to get their benefit of social security, the contractors and sub-contractors shall have provident fund code number in order to participate in the bid and it should also be ensured that all workers deployed by contractors or sub-contractors are enrolled with the number of the provident fund and should be given to the universal account number.;