1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.729 OF 2009 Parbhani District Labour Co-operative } Societies Federation Limited, Parbhani, } Through its authorized person, } Kundlik Khobraji Landge } Age : 56 Years, Occ. Labour, } R/o : HUDCO, Parbhani, Dist. Parbhani. } ..... PETITIONER V E R S U S 1. The State of Maharashtra } Through the Secretary, Irrigation } Department, Mantralaya, Mumbai.} 2. Chief Engineer & Chief Administrator} Command Area Development } Authority, Garkheda, Aurangabad, } Dist. Aurangabad. } 3. The Executive Engineer, } Jaikwadi Division 2, Parbhani. } 4. The District Deputy Registrar, } Co-operative Societies, Parbhani } and Chairman of the Works } Distribution Committee, Dist. } Parbhani. } .... RESPONDENTS 2 Shri. V. D. Salunke, Advocate for Petitioner. Shri. S.K.Kadam, A.G.P. for the State. [ CORAM : P. V. HARDAS & R.K. DESHPANDE, JJ. ] JUDGMENT RESERVED ON : 23 rd JUNE, 2009 JUDGMENT PRONOUNCED ON : 1 st JULY, 2009 JUDGMENT : [ PER : R.K.DESHPANDE, J. ] 1. Rule. Rule returnable forthwith. Heard finally by consent of parties. 2. By this petition, the petitioner/Society has challenged Government Resolution dated 11/01/2008, whereby it has been decided to allot the construction work in various departments by inviting tenders. The petition further seeks implementation of policy contained in the Government Resolution dated 16/11/2006, to allot the work of construction to Labour Co-operative Societies. 3. The facts leading to the case are as under. 3 The petitioner is a Society registered under the Co-operative Societies Act, 1960 (for short ‘ the Act ’ ) and is a federation of the Labour Co-operative Societies in district Parbhani. It is the case of the petitioner that since the year 1979, the Government of Maharashtra adopted a policy of allotment of construction works to Labour Co-operative Societies with a view to provide work to the educated unemployed youths through such Societies. For the purpose of allotment of such works, the Labour Co-operative Societies were classified in to three different categories, namely – ‘ A ’, ‘ B ’ and ‘ C ’ and the maximum eligibility in terms of financial estimation was prescribed on the basis of managerial and technical capacity and staff possessed by each class of the society. The financial limits of such classes of societies were modified from time to time by issuing several Government Resolutions; the first being dated 30/03/1979 and the last concern being the Government Resolution dated 16/11/2006. By this Government Resolution dated 16/11/2006, the upper financial limit for allotment of works to Labour Co-operative Societies was increased from Rs. 5,00,000/- (Rupees Five Lacs only) to Rs. 15,00,000/- (Rupees Fifteen Lacs only) without calling tenders and the upper limit of total value of works allotted to the societies in one year, was increased from Rs. 30,00,000/- (Rupees Thirty Lacs only) to Rs. 50,00,000/- ( Rupees Fifty Lacs only ). 4 4. The petitioner is aggrieved by Government Resolution dated 11/01/2008 at EXH. ‘ G ’ to the petition, by which, according to the petitioner, a change in the policy decision was brought about to allot the works through the process of inviting tenders on each Sub Division level. This Government Resolution considers a Sub Division as a Unit and only one tender is to be called for the works under one Sub Division. According to the petitioner, this has totally superseded the earlier policy of allotment of works to the Labour Co-Operative Societies as per the Government Resolution dated 16/11/2006 and it shall result in unemployment of the youths, who are getting works through such societies. According to the petitioner, change in the policy is arbitrary, unreasonable and deprives the employees of the petitioner and other Labour Co-operative Societies of their livelihood. 5. The respondent/State Government has, in response to the notice of the instant Writ Petition, filed an affidavit. It is the specific stand of respondent/State Government that the Government Resolution dated 16/11/2006, which contained the policy of allotment of works to Labour Co-operative Societies, has not been superseded. It is the stand of the Government that both these Government Resolutions operate in different fields; the Government Resolution dated 11/01/2008 specifies 5 the Unit of work, whereas the earlier Government Resolution dated 16/11/2006 specifies the financial limit for allotment of work. The stand of the Government is that both the Resolutions are in force and they are not contradictory but are complimentary to each other. It is also a statement made on affidavit that the Co-operative Societies and educated unemployed Engineers will be getting the works as per the ratio prescribed i.e. 33 : 33 : 34 even after the Government Resolution dated 11/01/2008 is issued. It is further stated that the list of works ranging from Rs. 5,00,000/- (Rupees Five Lacs only ) to Rs. 15,00,000/- (Rupees Fifteen Lacs only) is demanded by letter dated 11/12/2008 and their demand can be fulfilled by allotting the works as specified in the Government Resolution dated 11/01/2008, to the extent of Rs. 15,00,000/- (Rupees Fifteen Lacs only). 6. It is also the stand of the Government that the Government Resolution dated 11/01/2008 does not prohibit allotment of works to the Labour Co-operative Societies and calling of tenders in terms of Government Resolution dated 11/01/2008 does not mean stopping allotment of works to the Labour Co-operative Societies and as such there is no change in the Government policy. It is, however, the stand of the Government that in the past, the maintenance and repairs works were 6 executed in small pieces, which has affected the quality of work and, therefore, in order to maintain uniformity and homogeneity, it is considered not to have smaller works. It is further stated that the quantum of work involved in maintenance and repairs of Irrigation Projects and appurtenant works, is very large and it would not be a good practice to break up this work in to small pieces only to make it possible to allot the works to Labour Co-operative Societies. 7. After going through the reply filed on behalf of State Government, we are of the opinion that there is no change in the policy of the Government. The Government Resolutions dated 16/11/2006 and 11/01/2008 operate in different fields, they are not contradictory but are complimentary to each other, there is a definite assurance by the Government given in the affidavit filed before this Court that the Labour Co-operative Societies will continue to get the works as per the prescribed ratio i.e. 33 : 33 : 34 and their demand can be fulfilled by allotting them works up to the limit of Rs. 15,00,000/- (Rupees Fifteen Lacs only). There may be a little change in the policy of the Government to the extent of allotting major works by inviting tenders, but the change appears to have necessitated to over-come the administrative and other technical difficulties in carrying out the major works of maintenance and 7 repairs of dams, net work of canals, distributaries, minors, etc. We have consciously noted the stand taken by the State Government in their affidavit as aforesaid, which has induced us to decide the matter at this stage. In view of the assurance given by the State Government, we have no doubt that the Labour Co-operative Societies shall get the work as per the availability. We, therefore, do not find any reason to interfere in the policy decision of the Government. In the result, the Writ Petition is dismissed. However, there shall be no order as to costs. Rule discharged. [ R.K.DESHPANDE ] [ P. V. HARDAS ] JUDGE JUDGE knp/WP729.09