M/S Digitech Call System Pvt. Ltd v. Uttarakhand Power Corporation Ltd and others

confirming electricity / insurance in last acquisition/merger. 3 (three) Financial years 2021- 2022, 2022-2023 and 2023- • Relevant orders. purchase

3. The bidder or any of • Work/Purchase consortium partners should Orders/LOI/Contact have operated or in operation Agreement/Certification at, atleast 4 nos. Customer on Client Letter Head Care Projects in India, from along with Performance Government Utility Services Certificate telecom /banking / project. electricity / insurance in last • In case of ongoing three financial years, i.e., 2021- project also the bidder 2022, 2022-2023 and 2023- is required to furnish a 2

2024. performance certificate In case of consortium, lead satisfactory bidder shall have above execution stated experience of 2 nos. client. projects and other partner • Notarized undertaking shall have above stated experience of 1 nos. project. The total project cost for all the four projects executed in this domain financial years should be at required submitted Bidder, in case experience is regarding in-house/self Customer Care/BPO least Rs. 9 (nine) crores. operations. In case of consortium, lead bidder shall have executed projects in this domain for the last three financial years of at least Rs. 6 (six) Crores and partner shall have executed projects domain financial years of at least Rs. 3 (three) crores.

3. The matter was listed on 28.03.2025. On that day, Ms. Shweta Punia, Executive Engineer, C&P, UPCL, was present and she handed over the original file relating to the bid document of the 5th respondent to the Court.

4. After going through the original documents, which were submitted by respondent no. 5, it is revealed that the bidder is an established, reputed and reliable organization in field of operation of a minimum 50 seater Call Centre in Government Utility Services like telecom/ banking/electricity/insurance in last 3 years, i.e., 2021- 2022, 2022-2023 and 2023-2024 and respondent no. 5 has filed documents relating to the tenders, whereby it 3 had provided facilities of Call Centre and other staffs for Projects of Centre for Development of Advanced Computing (C-DAC), Mohali, Department of Electronic & Information Technology, Government of Uttarakhand, Garhwal Mandal Vikas Nigam and with the Chief Conservator of Forest (Wild Life). All these contracts relate to the year 2021-2022, 2022-2023 and 2023-2024. Thus, the contention raised by learned counsel for the petitioner regarding ineligibility of respondent no. 5 in respect of clause 2 & 3 of Section III of the eligibility of the Tender has no force.

5. As regards the other contention that the respondent no. 5 in his bid document have quoted price which does not comply with the Minimum Wages Act,

1948. After perusing the original bid documents of respondent no.5 furnished by the Department, it is revealed that respondent no. 5 is registered with the Labour Department, the Employees’ Provident Fund Organization, Employees State Insurance Corporation. Besides this, the respondent no. 5 have also filed with his bid documents the GST Registration certificate and Certificate of Incorporation issued by the Ministry of Corporations.

6. This Court is of the considered view that the petitioner have failed to make out clear cut case of arbitrariness or mala fide or bias or irrationalities against respondent-corporation in declaring respondent no. 5 as L-1 and subsequently, awarding him the contract.

7. In such view of the matter, there is no scope 4 for interference. Accordingly, the Writ Petition fails and is dismissed. There shall be no order as to costs. ( G. N A REN D A R, C.J.) Dat ed: 01.04.2025 Kaushal ( A LOK M A H RA , J.) 5