RAJOWAL COOPERATIVE LABOUR & CONSTRUCTION SOCIETY LTD AND OTHERS Vs. MUNICIPAL CORPORATION, LUDHIANA AND OTHERS
LAWS(P&H)-2016-5-626
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 30,2016

Rajowal Cooperative Labour And Construction Society Ltd And Others Appellant
VERSUS
Municipal Corporation, Ludhiana And Others Respondents

JUDGEMENT

- (1.) The three petitioners are Labour and Construction Societies. They are primary societies and are members of the District Cooperative Labour & Construction Unions which in turn are the members of the Punjab State Federation of Cooperative Labour & Construction Union Ltd. Chandigarh. Respondent No.2 is the Superintending Engineer (B&R), Municipal Corporation of respondent No.1-Municipal Corporation, Ludhiana. The others are the private respondents.
(2.) The petitioners seek a writ of certiorari to quash the clubbing of various items of works and a writ of mandamus directing the official respondents to call the tenders without clubbing the works so as to increase the amount of tender over Rs. 40 lacs.
(3.) The State of Punjab issued a notification dated 02.10.2014, clause-1 whereof reads as under:- "In continuation of Punjab Government Notification No. 76/52/79-C.1(5) 5024 dated 11.07.2011, the Governor of Punjab is pleased to extend the below noted concessions to Cooperative Labour and Construction Societies upto 13.08.2019. 1. All the unskilled works upto any amount and all the skilled works upto to the value of Rs. 40 lacs be given to only these societies at the ceiling rates fixed by the concerned Superintending Engineers of every branch of the PWD through tenders but the works be given to them upto their competency to undertake the work. In case, these societies do not give tenders and accept the work within the fixed ceiling rates, then such works be got done by inviting open tenders from the contractors and the societies. Tenders of skilled works upto the amount of Rs.40 lacs should be called through Etendering system and in those tenders, the completion will be amongst Cooperative Labour and Construction Societies only.";


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