- (1.) These two appeals are preferred against the order dated 10.3.2014 and 18.2.2014 passed in W.P C No.1359/2014 and in WP C No.715/2014 respectively, in and by which the appellant SAIL was directed not to finalize e-tender.
(2.) Brief facts which led to filing of these appeals are as follows:- Tender was floated by the appellants being Tender Notice No.RMD/C/CC/25 of 2013-14 dated 20.1.2014 for composite work of manual raising, picking, sorting, sizing, stacking, manual loading of dolomite into tippers, transportation to railway siding, wagon loading of dolomite by mechanical manes at Tulsidamar Dolomite Mines in Garwa district of Jharkhand. The tender was in two parts (1) technical bid and (2) commercial bid, i.e. price bid. In pursuance of the said tender notice, seven offers were received and evaluated as per tender terms. After technocommercial scrutiny, six tenderers were technically qualified and the same was intimated to the tenderers - first over telephone followed by e-mail dated 28.2.2014 that the price bid will be opened on 1.3.2014 at 4.00 p.m. in the office of DGM(CC), RMD, SAIL Kolkata and the price bid was opened as scheduled on 1.3.2014 at 4.00 pm. However, after opening the price bid, when the appellant opened their e-mail, it was seen that M/s. Progressive Construction Corp., M/s. R.S.Grewal and M/s.ISS (Respondent Nos.1 to 3) requested to defer the opening of price bid and for fixing another date for opening of the price bid. The bid was already opened as scheduled, they were informed by e-mail dated 1.3.14 that at that stage their request cannot be entertained. The respondents filed W.P (C) No. 1359/2014 praying quashing the entire tender process on the ground that sufficient opportunity was not given to them while opening the price bid and that the price bid should have been opened in their presence. The court, vide order dated 10.3.2014, entertained the writ petition and passed the interim order restraining the respondent/appellant from finalizing the tender.
(3.) W.P (C) No. No.715/2014 was filed by the contract workers who are engaged in raising and loading dolomite by mechanical means through contractor of the said work. The contractor workers through their Union earlier filed two writ petitions, CWJC No.2348/2000(R) and W.P(C) No.3996 of 2006 seeking for regularization. The respondents challenged the tender dated 20.1.2014 on the ground that some of clauses, namely, Clause Nos.10.2, 10.6, 19.6, 31.11, 31.16 are detrimental to the interest of the workmen and also prayed for regularization. In the said writ petition, the management made statement that the interest of the workmen is sufficiently safeguarded. On such statement, in the said writ petition, the interim order dated 18.2.2014 was passed directing the SAIL that the tender shall not be finalized before making the clear statement on affidavit and satisfying this Court on that count.;