BY AD v. BINU GEORGE

R2 BY ADV.LATHA ANAND R4 BY ADVS. MANU GOVIND PRAFUL SURENDRAN(K/1560/2020) AISWARYA V.(K/001914/2021) R4 BY ADV. SMT. AIYSHA JOHN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 30075 OF 2023 -3- JUDGMENT Interestingly, the petitioner concedes to have quoted higher than respondents 4 and 5, pursuant to Ext.P4 notification for providing house keeping services in certain buildings of the second respondent - Institute of Management in Government (the 'Institute', for short); but asserts that the bids of the said respondents ought not to have been accepted, because, the figures shown therein would indicate that they would not be able to honour the payment of minimum wages, as fixed in Ext.P7, to their employees.

2. However, Smt. Latha Anand, learned Standing Counsel for respondent No.2 – Institute, submitted that it is not the lookout of her client to verify the bids qua the capacity of the persons to pay minimum wages to the employees, but that such payment is an imperative requirement, which will have to be complied with by them, whatever be WP(C) NO. 30075 OF 2023 -4- the figures which they may quote. She added that, specific undertakings are always obtained from the tenderers that, whatever be the quote that they may make and the quantum which they may choose to show, the minimum wages-as fixed under the relevant regular circulars and notifications-will have to be honoured. She added that, if, for any reason in future, the fourth respondent-who has now been awarded the contract-is to violate this condition, the contract itself will be terminated; and this should be construed as a fundamental breach.

3. Smt. Ayisha John, learned counsel appearing for respondent No.4, affirmed that her client has made their bid – which she asserted to be lesser than that of the petitioner – knowing fully well of his obligation to pay the minimum wages; and undertook that this will be complied with, no matter what. She added that, therefore, this writ petition is only speculative in nature.

4. As I have already seen above, the WP(C) NO. 30075 OF 2023 -5- petitioner’s only contention is that the amounts quoted by the fourth respondent would render him incapable and incapacitated to pay minimum wages as per Ext. P7 circular/notification. However, since the fourth respondent says that he will abide by the said notification, which is undertaken to be verified and confirmed by the second respondent from time to time, I see no reason why this Court should entertain this writ petition at all.

5. This is also because, whatever be the amount that may be quoted by the fourth respondent, as long as the second respondent is able to ensure that he complies with all fundamental requirements of the contract-including the payment of minimum wages, it would not be to the petitioner to decide in what manner the former must act, especially when it is possible that he may do so, by making suitable provisions from various other heads, which are also stated to be part of the tender notification. WP(C) NO. 30075 OF 2023 -6-

6. In the above circumstances, recording the undertakings given by the second respondent and the fourth respondent, I close this writ petition without any further orders. Needless to say, if the petitioner is able to obtain any cogent or reliable evidence in future, that the fourth respondent is violating any of the fundamental conditions of the contract, it will always be open to them to bring it to the notice of the second respondent, who will thereupon act, as per law without any reservation. DCS DEVAN RAMACHANDRAN JUDGE WP(C) NO. 30075 OF 2023 PETITIONER EXHIBITS -7- APPENDIX EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 EXHIBIT P7 EXHIBIT P8 EXHIBIT P9 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 17/07/2018 OF THE PETITIONER FIRM TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 24/06/2015 ISSUED FOR REGISTRATION UNDER KERALA SHOPS AND INDUSTRIAL INSTITUTIONS TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 13734/2023 DATED 14/06/2023 TRUE COPY OF THE RELEVANT PAGES OF THE TENDER NOTIFICATION WITH REP REFERENCE NUMBER : 52/2023 DATED 1/8/2023 OF THE 2ND RESPONDENT TRUE COPY OF THE TENDER AMOUNT GIVEN BY THE PARTICIPANTS PUBLISHED BY THE 2ND RESPONDENT ON 7/8/2023 THE TRUE COPY OF THE FINANCIAL BID SUBMITTED BY THE PETITIONER TRUE COPY OF THE GOVERNMENT ORDER DATED 17/08/2019 WITH G.O(P) NO.68/2019/ LABOUR A STATEMENT SHOWING CALCULATION OF WAGE BREAK UP AS PER EXHIBIT P-7 FOR THE REQUISITE STAFF AS PER EXHIBIT P-4 (DATED NIL) THE TRUE COPY OF THE COMPUTER-GENERATED COPY OF THE TENDER SUMMARY REPORT RELATING TO EXT.P4 DOWNLOADED FROM OFFICIAL SITE AT 3.22 P.M ON 14/09/2023 EXHIBIT P10 TRUE COPY OF THE LETTER/OBJECTION/REQUEST DATED 8/09/2023 BY THE GENERAL MANAGER OF THE PETITIONER FIRM RESPONDENT EXHIBITS EXHIBIT R2(A) TRUE COPY OF THE REQUEST FOR PROPOSAL WITH WP(C) NO. 30075 OF 2023 -8- RFP REFERENCE NUMBER 52/2023/IMG EXHIBIT R2(B) TRUE COPY OF THE EVALUATION STATEMENT OF TECHNICAL AND FINANCIAL BID PREPARED BY THE 2ND RESPONDENT