VIJAY CEMENT PRODUCTS AND ORS. Vs. GULBARGA ELECTRIC SUPPLY COMPANY LTD. AND ORS.

JUDGEMENT

(1.) THE petitioners are small scale units. They manufacture and supply RCC, PCC and PSC poles. The respondents have issued the tender notification, dated 20.10.2014 (Annexure -C) for the manufacture and supply of poles. The petitioners' grievance is over the two conditions prescribed by the said notification. They are as follows:

(2.) LIQUID Assets (Cash in hand + Cash at Bank + Term Deposits in any scheduled Commercial Bank during 2013 -14) + availability of Credit facility (issued by any scheduled bank enjoying credit facility in the current financial year 2014 -15) shall not be less than Rs. 50.00 lakhs........"

(3.) IN support of his submissions, the learned counsel has also relied on the Division Bench judgment of Orissa High Court in the case of ORISSA PRINTERS AND BINDERS MAHASANGHA v. STATE OF ORISSA AND OTHERS reported in : AIR 2010 Orissa 154, wherein it is held that the floating of the national tenders will take away earning and livelihood of small entrepreneurs as well as of thousands of workers engaged in the printing and binding of books. It would frustrate the very intendment of bringing in the welfare beneficial legislation, namely, the Micro, Small and Medium Enterprises Development Act, 2006 and the industrial policy resolution to protect small scale industries and small entrepreneurs.