S.J.VAZIFDAR, J. - (1.) The petitioners have challenged clause -2 of the communication dated 18.03.2015 addressed by the Principal Secretary, Government of Punjab, Food Civil Supplies and Consumer Affairs Department to all the District Controllers of the department.
(2.) While testing the validity of clause -2 it would be necessary to consider clause -19. Clauses 2 and 19 of the impugned communication read as under: - "In reference to the above subject, following policy guidelines/directions are issued for labour work of the storage of agricultural produce at storage points (open plinth and covered godowns)/P.E.G. godowns for year 2015 -16. 2. The loading work of agricultural produce shall be done by commission agents on the rates fixed by Punjab Mandi Board. xx xx xx xx xx xx 19. After the auction of agricultural produce in Mandi, the commission agents shall be bound to complete work of labour (loading) within 48 hours, and in event of not doing so, agency shall have right to get the work executed at his risk and cost from other sources at approved rate of concerned tender. Excess expenditure shall be recovered from the commission agents. The Punjab Mandi Board shall have responsibility for taking disciplinary action against the defaulter commission agent. (A) The payment of work of loading done by the commission - agents shall be made directly to the commission agents and loading shall be submitted by commission agents by preparing it separately."
(3.) The petitioners' grievance is that as a result of clause -2 of the instructions, the parties persons other than commission agents are excluded from bidding for the said work.;