Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Tender: Invitation of tender |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tender: Invitation of tender – The Tender call notice stipulated that the bidder should have valid Labour Licence of Labour Department – Respondent no. 1 was disqualified for want of valid Labour Licence i.e. a contract labour licence from competent authority – Writ petition by respondent no.1 was allowed holding that the stipulation in the tender never mandated the licence to be issued under the Contract Labour (Regulation and Arbitration) Act, 1970 and rather same is required under Odisha Shops and Commercial Establishments Act – Appeal by successful bidder – Held: The writ court does not have the expertise to correct decision by substituting its own decision for the decision of the authority – High Court clearly overstepped the bounds of judicial review in such matters – In any case, a registration certificate under s.4 of the Orissa Act cannot possibly be the equivalent of a valid labour licence issued by the labour department – A reading of s.4 of the Orissa Act would show that the registration of an establishment under the Orissa Act is to categorise the establishment as a shop, commercial establishment, hotel, etc. and not for the purpose of issuing a labour licence which, in the context of the present TCN, can only be a labour licence under the Contract Labour Act – High Court’s order set aside – Judicial review – Writ jurisdiction. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2021 INSC 242 |
Petitioner | M/s Utkal Suppliers |
Respondent | M/s Maa Kanak Durga Enterprises & Ors. |
SCR | [2021] 3 S.C.R. 391 |
Judgement Date | 2021-04-09 |
Case Number | 1517-1518 |
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