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Adhikar. Vs. the Union of India and ors.

Adhikar. vs The Union of India and ors.

Type Court Judgment Court Kolkata Decided Apr 01, 2011
~2 min read
https://sooperkanoon.com/case/913201

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Citation
Court
Kolkata High Court
Judge
Decided On
Case Number
WP No. 371 of 2011.
Subject
Labour and Industrial

Case Summary

AI-generated summary - not the official court judgment text.

[ALTAMAS KABIR ; CYRIAC JOSEPH, JJ.] - Constitution of India - Articles 32 - Remedies for enforcement of rights conferred by this Part -- In case of consortium, the partner developing the software application should have CMM level 3 certification and the bidder/lead partners of the consortium (in case of consortium,...

Key legal issue
Labour and Industrial

Parties & Advocates

Appellant / Petitioner

Adhikar.

Advocate Mr. Partha Ghosh, Adv.

Respondent

The Union of India and ors.

Advocate Mr. R.N. Majumder; Mr. Partha Basu; Mr. Nikhil Kr. Roy; Mr. P.K. Pandey; Mr. C.K. Lal, Advs.

Excerpt

.....documents was duly satisfied in the appellant's case. mr. salve urged that the bid documents submitted by the appellant fully satisfy the aforesaid tests and the rejection of the appellant's bid was unlawful and cannot be sustained. qualify certification - the company/one of the partners of consortium (in case of consortium) should have an active iso 9001:2000 certification at the time of submission of the bid. the aforesaid paragraph indicates that a copy of the quality certificate/document of quality policy would have to be submitted along with the bid documents, with the relaxation that in case the quality certificate was due for renewal, the bidder should ensure that the renewed certificate was made available at the time of signing of the contract. "8. bidder should have active iso 9001:2000 certification at the time of submission of bids. the bidder/lead partners of consortium (in case of consortium) should have an active (valid at least till june 2010) iso 9001:2000 certification at the time of submission of the bid. the above provision obliges a tenderer to produce along with the bid document a copy of the quality certificate which is valid and active on the date of submission of the bid and it does not enable a bidder to withhold the copy of such quality certificate. the appellant claimed to have a valid and active iso 9001:2000 certificate at the time of submission of the bid, but did not produce a copy of the said certificate along with the bid document.1. heard learned counsel. the petitioner claims to be a ngo agitating the rights of the staff employed by the respondent coal mines for watch and ward duty. it is the contention of the petitioner that the chief labour commissioner by notification dated 20 th september, 2010 has revised the rate of variable dearness allowance (vda) for employees employed in watch and ward duties. 2. it is the further contention of the petitioner that the respondent coal mines, eastern coalfields limited have failed to oversee the payment of minimum wages and revised vda to be paid by the respondents contractors to their labourers/employees. 3. it will be proper that the petitioner approaches the labour commissioner in the matter and agitate its grievance on behalf of the watch and ward staff employed by eastern coalfields authorities through their contractors, if at all the petitioner is authorised to do so in law, as the employees may have their own trade union/association to ventilate their grievance. 4. in that case, the petitioner as a ngo will have no right to agitate the matter. if such grievance is made, it will be left open to the labour commissioner to decide the matter in accordance with law. for the aforesaid reasons, we are not inclined to entertain this petition as a public interest litigation and the same is dismissed. 5. urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

Full Judgment

1. Heard learned Counsel. The petitioner claims to be a NGO agitating the rights of the staff employed by the respondent Coal Mines for Watch and Ward duty. It is the contention of the petitioner that the Chief Labour Commissioner by Notification dated 20 th September, 2010 has revised the rate of Variable Dearness Allowance (VDA) for employees employed in Watch and Ward duties.

2. It is the further contention of the petitioner that the respondent Coal Mines, Eastern Coalfields Limited have failed to oversee the payment of minimum wages and revised VDA to be paid by the respondents contractors to their labourers/employees.

3. It will be proper that the petitioner approaches the Labour Commissioner in the matter and agitate its grievance on behalf of the Watch and Ward staff employed by Eastern Coalfields authorities through their contractors, if at all the petitioner is authorised to do so in law, as the employees may have their own trade union/association to ventilate their grievance.

4. In that case, the petitioner as a NGO will have no right to agitate the matter. If such grievance is made, it will be left open to the Labour Commissioner to decide the matter in accordance with law. For the aforesaid reasons, we are not inclined to entertain this petition as a Public Interest Litigation and the same is dismissed.

5. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

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