Research › Search › Judgment

Bombay High Court · body

2012 DIGILAW 346 (BOM)

Shawa Conductors v. State of Goa

2012-02-15

S.C.DHARMADHIKARI, U.V.BAKRE

body2012
Judgment : S.C. DHARMADHIKARI, J. 1. Heard. 2. Rule. 3. The Respondents waive service. 4. This Writ Petition under Article 226 of the Constitution of India seeks direction to the respondent no.3 to follow the tender conditions and place orders upon the petitioner, through respondent no.2, of all such requirements in terms of approval dated 12/07/2010 so as to abide by order dated 11/5/2010. 5. We need to only notice some basic facts in as much as the petitioner claims to be registered partnership concern carrying on business as manufacture of conductors having a manufacturing unit at the address mentioned in the cause title. The petitioner is registered as Small Scale (Micro) Industry with the Directorate of Industries, Government of Goa. The First respondent is the State of Goa and the second respondent is the Corporation, which is stated to be a Nodal Agency. This agency promotes Small Scale and other such industries and is performing public functions. It is the case of the petitioner that in order to encourage the Small Scale Industries Sector and to provide a special treatment to them, it was decided that if any tender floated by the Government Department or any purchase made by Government Department, Semi Government Institution, Government Corporations etc., preference will be given to the said Small Scale Industrial Units provided the said tender is of the items mentioned in the Rate Contract. Our attention is invited to the order dated 11/05/2010 of the Government of Goa Industrial Department in respect of supply of preferential purchase of the products manufactured by local Small Scale Industries Unit through Rate Contract. A copy of this order is annexed as annexure to this writ petition at page 33 of the paper book and it is the contention of Shri Tamba that one of the items mentioned is “conductors”. It is stated that the conditions for purchase of items which are enlisted in this order would denote that preference will have to be given to the units like the petitioner. The items are identified. Small Scale Industries Units are selected for Rate Contract. The petitioner is one such unit. It is stated that the conditions for purchase of items which are enlisted in this order would denote that preference will have to be given to the units like the petitioner. The items are identified. Small Scale Industries Units are selected for Rate Contract. The petitioner is one such unit. However, despite the petitioner being such unit as identified by this corporation there is ample evidence of purchases having been made by the concerned Department of the State Government, not from these Small Scale Industries Units which have been empaneled and selected by the second respondent corporation. The materials are procured from out side agencies and by means of a general tender. According to Shri Tamba this violates the scheme and status of the petitioner as recognized by Respondent nos. 1 and 2. Our attention was invited to clause 2 of the order dated 11/5/2010 and it is submitted that it is a mandate for the Government Department and autonomous body that without any No Objection Certificate from the 2nd Respondent corporation, no purchases from outsiders are permissible. 6. After the petition was heard for sometime, we noticed that with regard to the procurement or purchase in question it will not be possible for us to resolve the factual dispute between parties. We indicated to the counsel that if their anxiety is that the corporation may be by-passed in future or an entity like the petitioner, which is Small Scale Unit, will not be given its due recognition or opportunity, then, adequate protection in the form of some directions would be given. However, in case of individual contracts or procurements, it will not be possible for this court to resolve the factual and a contractual dispute in our limited jurisdiction. 7. Both sides agreed that if the court ensures due adherence to the Government Order which provides a scheme, that would take care of the apprehensions of the petitioner. Mr. Tamba states that the anxiety of the petitioner is having been identified as Industrial Rate Contractor or supplier or conductor, it should not happen that he does not get any opportunity to supply the items in question whenever the same are required by the Government departments. 8. We enquired from the learned Advocate General and Mr. Mr. Tamba states that the anxiety of the petitioner is having been identified as Industrial Rate Contractor or supplier or conductor, it should not happen that he does not get any opportunity to supply the items in question whenever the same are required by the Government departments. 8. We enquired from the learned Advocate General and Mr. Nadkarni, learned senior counsel appearing for respondent no.2 corporation as to whether the scheme, which has been set out in the order of Department of Industries, Government of Goa will be adhered to and if any deviation or departure from the mode of procurement of material specified therein will be strictly in terms of clauses of the scheme itself, both clearly stated that the said order together with the Cabinet decision would be abided by and adhered to by respondent nos. 1 and 2. 9. In addition, our attention was invited to the decision of the Cabinet wherein it has been pointed out that the Cabinet also has taken a decision on the same lines. 10. In such circumstances, we dispose of this petition by accepting the statements of respondent nos. 1 and 2 as undertakings to this Court and particularly that they would abide by and adhere to the scheme and also the decision of the Cabine and procure the items listed in the schedule through the Item Rate Contractors which have been identified, empaneled / selected by the second respondent corporation. We also accept the further statement made on behalf of respondent no.1 that in case any deviation or departure from the mode of procurement specified in the scheme is made that will be strictly in accordance with the scheme and particularly clause 2 therein. The State has also assured us that all the Item Rate Contractors, who have been selected by the second respondent for supply of the items listed in the schedule, who wish to bid at any General or open tender, they would be permitted to do so and their bid would be considered along with other bidders from the open market. 11. All these statements, are accepted as undertakings to this Court. We do not deem it necessary to go into and adjudicate other issues raised in the petition. The petition can be conveniently disposed off in accordance with the above and is accordingly disposed off, but without any order as to costs. 11. All these statements, are accepted as undertakings to this Court. We do not deem it necessary to go into and adjudicate other issues raised in the petition. The petition can be conveniently disposed off in accordance with the above and is accordingly disposed off, but without any order as to costs. Rule absolute in the above terms.