IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 26913 of 2011(L) ------------------------------------ PETITIONER(S): ---------------------- M/S BLUE SKY PORT SERVICES PVT. LTD., REGITON BLDGS, AIRPORT ROAD, VALLAKADAVU P.O., THIRUVANANTHAPURAM 695 008. REPRESENTED BY ITS MANAGING DIRECTOR, JUDE SAJITH D'CRUZ. BY ADVS. SRI.SUMAN CHAKRAVARTHY SRI.A.S.ANILKUMAR RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, NEW DELHI – 110006. 2. HLL LIFE CARE LIMITED, PB NO. 2, PERRORKADA, THIRUVANANTHAPURAM – 695 005. REPRESENTED BY ITS UNIT CHIEF. 3. THE SENIOR MANAGER (HR), PURCHASE DEPT;, HLL LIFE CARE LTD., PERRORKDA FACTORY, PERRORKADA, THIRUVANANTHAPURAM 695 005. 4. M/S. ME GUARD, TC 25/427, NEAR PRS APARTMENTS, THYCAUD PO, THIRUVANANTHAPURAM 695 014, REPRESENTED BY ITS PROPRIETOR. * ADDL. R5 IMPLEADED R5 DEPUTY LABOR COMMISSIONER, THIRUVANANTHAPURAM. * (ADDL. R5 IS IMPLEADED AS PER ORDER DATED 13-10-2011 IN IA NO. 16314 OF 2011) BY ADVS. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R-1 SRI. V.K. KRISHNA MENON, SC., FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 26913 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER DATED 02/06/11. P2: COPY OF THE REPLY DATED 04/07/11. P3: COPY OF THE RELEVANT PAGES OF THE TENDER DOCUMENT INCLUDING PRICE BID. P4: COPY OF THE EMAIL COMMUNICATION RECEIVED ON 22/09/11. P5: COPY OF THE LETTER DATED 24/09/11. P6: COPY OF THE REPLY DATED 26/09/11. P7: COPY OF THE LETTER DATED 26/09/11 OF THE ASST. LABOR COMMISSIONER (CENTRAL).. P8: COPY OF THE GOVERNMENT ORDER DATED 8/11/10. P9: COPY OF THE LETTER BY THE PETITIONER DATED 29/09/11. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE DS ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 26913 of 2011 L ``````````````````````````````````````````````````````````` Dated this the 13th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ By Ext.P3, respondent company invited tenders for undertaking miscellaneous works in various sections of their factory. Among other provisions, the tender notice prescribed that the rate quoted for a unit should be enough to cover the minimum wages prescribed by the Central Government for unskilled category of workers. Petitioner says that by Ext.P8 notification issued by the Government of Kerala exercising its powers under the Minimum Wages Act, minimum wages has been fixed and that taking that also into account, he had quoted `348/- per unit. As against this, the fourth respondent had quoted `308/- per unit and the same was accepted by the company. It is thereupon this writ petition has been filed mainly contending that acceptance of the tender submitted by the fourth respondent ignoring the provisions of the Minimum Wages Act, 1948 and, therefore, should not have been accepted. W.P.(C) No.26913/2011 : 2 : 2. From a reading of Ext.P3 itself and the submissions made by the learned Standing Counsel for the respondent company, it is seen that the appropriate government in so far as the second respondent is concerned is the Central Government. Ext.P7 issued by the Assistant Labour Commissioner(Central) states that the Central Government have not fixed any minimum wages for the workers employed in the Rubber Products Units as it is not a scheduled employment under the Minimum Wages Act. 3. If that be so, Ext.P8 notification by the State Government could not have been of any relevance. Consequently, the very basis on which the petitioner has approached this Court and raised the challenge against the acceptance of the tender can be seen to be baseless. Consequently, acceptance of the tender submitted by the fourth respondent cannot also be faulted. Writ petition is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/13/10 // True Copy // P.A. To Judge