Ruma Pal, J. - (1.) The appellant has challenged a notice dated 7th April, 1996 published by the Eastern Railway. The impugned notice invites notification as for enlistment of contractors for three categories of works contracts under the Chief Works Manager, Eastern Railway, Liluah. The works contracts pertain to the sorting out of ash, rubbish, earth, etc. either from the Liluah workshop or from wagons in Liluah workshop and their disposal or dumping or loading on to wagons. The advertisement specifies that only Co operative Societies should apply for enlistment. The co-operative societies were required to be reputed and listed and registered in West Bengal as well as registered with the Eastern Railway.
(2.) Admittedly, the appellant had been carrying out the work as described In the advertisement as an approved contractor enlisted with the Eastern Railway previously The work contract between the appellant and the Railway Authorities was terminated by the respondent authorities The termination was challenged under Article 226 (referred to as the first petition). An interim order was passed for a limited period restraining the respondents from terminating the contract. However, the interim order initially granted was not extended but an order was passed to the extent that the termination would be subject to the result of the writ petition and that the work contract if awarded to a third party would abide by the results of the writ petition. An appeal is pending from the refusal to extend the interim order. The first petition is also pending.
(3.) The impugned notice being published, the appellant then filed a second writ petition in May 1996. He prayed for an interim order to restrain the respondents from giving any effect to the impugned notice. The interim order was refused. Hence this appeal. During the pendency of the appeal it transpired that M/s. Baidyabati Co-opera live Labour Contract & Construction Society Limited had been appointed pursuant to the impugned notice. It was added as a part; to the appeal by an order dated 26th July 1996. The stay application was disposed of on 5th September, 1996 by directing that the appeal as well as the writ petition should be decided after filing of affidavits before the Appeal Court. Affidavits were thereafter filed.;