MANIPUR SECURITY SERVICE, LALAMBUNG TAKHELLAMBAM LEIKAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this writ application challenges selection of respondent No.3 for providing security and Sanitation Services in Regional Institute of Medical Sciences, Imphal for a period of one year.

(2.) IN Annexure -A/3 Sealed tenders were invited from reputed, experienced and financially sound registered contractors holding valid licences under the Contract Labour (Regulation and Abolition) Act, 1970 for providing security arrangement and house -keeping (Sanitation) at Regional Institute of Medical Sciences(RIMS for short), Imphal. The short tender notice inviting sealed tenders was published on 31.10.2013. Clause 8 of the general terms & conditions provides that a Contractor should obtain a valid Licence under the Contract Labour(R & A) Act, 1970 and shall maintain all statutory records as may be required from time to time under the said Act. It is further provided in the said clause that the Contractor shall furnish the said documents for verification by the Employer/Labour authority as and when required. It is also provided that the Contractor shall have a valid Licence before commencement of the work and continue to have the same till completion of the contract.

(3.) SHRI HS Paonam, learned Sr. Counsel appearing on behalf of the petitioner drew attention of the Court to Section 2 of the Contract Labour(R & A) Act, 1970 and submitted that the definition of Contractor in the said Act is in relation to establishment, means a person who undertakers to produce a good result for the establishment, other than a mere supply of goods or articles of the manufacture to such establishment, through contract labour or who supplies contract labour for any work of the establishment and includes a sub -contractor. Referring to Sections 12 and 13 of the Act it was contended by Mr. HS Paonam, learned Sr. Counsel appearing for the petitioner that every application u/s 13 of the Act for grant of a licence under sub section 12 shall be made in the rescribed form and shall contain the particulars regarding location of the establishment, the nature of process, operation of the work for which contract labour is to be employed and such ther particulars as may be prescribed. The licensing Officer may make such investigation in respect of the applications received and a licence granted under Chapter IV shall be valid for the period specified therein and may be renewed from time to time.