IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 14503 of 2009(G) ----------------------------------------- PETITIONER(S): ------------------------- M/S.RELIANCE SECURITY AGENCY (REG. NO. 2111), PREM BUILDING, KARUNAGAPPALLY, KOLLAM-690 518, REPRESENTED BY ITS MANAGING PARTNER T.K.SAMBASIVAN. BY ADV. MRI.D.KISHORE RESPONDENT(S): ---------------------------- 1. KERALA STATE BEVERAGES (M&M) CORPORATION LIMITED, SASTHAMANGALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA STATE BEVERAGES (M&M) CORPORATION LIMITED, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. KERALA INDUSTRIAL SECURITY AGENCY, REPRESENTED BY ITS PROPRIETOR EDAMON LANE, PEROORKADA, THIRUVANANTHAPURAM, PIN - 696 005. 4. FLORENCE NIGHTINGALE PROFESSIONAL SERVICE AGENCIES REPRESENTED BY ITS PROPRIETOR T.C.25/1060, KUMARAVILASAM HOUSE NO.140 EAST THAMPANOOR RESIDENTS ASSOCIATION, LANE NO.2, THIRUVANANTHAPURAM. 5. BHARATH EMPLOYMENT AGENCIES REPRESENTED BY ITS MANAGING PARTNER, N.A.A.A. TOWERS, NEAR VEERAKERALAPURAM TEMPLE, CHIRAYINKEEZHU ROAD,ATTINGAL, THIRUVANANTHAPURAM DISTRICT. Kss ..2/- .....2....... WPC.NO.14503/2009 G 6. INDUSTRIAL DETECTIVE AND FIRE SECURITY AGENCY (IDFFSA) REPRESENTED BY ITS PROPRIETOR AYILYAM BUILDING, OPP.INDIRA HOSPITAL, THAMPANOOR, THIRUVANANTHAPURAM. 7. OMAGA SECURITY AGENCY REPRESENTED BY ITS PROPRIETOR, GOKULAM BUILDING, KUTHIRAPANTHY P.O., KANGAZHA, KARUNAGAPPALLY, KOLLAM. 8. FORCE INDIA LTD., REPRESENTED BY ITS DIRECTOR, T.C.26/271697 NEAR NANMA CHARITABLE SOCIETY, UNNI LANE, STATUS, THIRUVANANTHAPURAM. 9. MILITIAL SECURITY AGENCY REPRESENTED BY ITS PROPRIETOR, NEAR A.V.M.COLLEGE, THAIKKAVU ROAD, PATHANAMTHITTA, PH.NO.9446114676. 10. KERALA CIVIL AVIATION GENERAL WORKERS CO-OPERATIVE SOCIETY, REPRESENTED BY ITS CONVENOR, SEA LAND MUKKU, VALLAKKADAVU, THIRUVANANTHAPURAM, PH:0471 2500182. R1 & R2 BY ADV. MR.ELVIN PETER.P.J, SC,BEVERAGES CORPN . R6 BY ADVS.MR.S.M.PREM, SMT.K.P.SANTHI, MR.P.K.NIJOY, SMT.C.PRABITHA. R10 BY ADVS.MR.JOHN K.GEORGE, MR.K.S.ARUN KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14503/2009 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TENDER NOTICE DTD. 4/5/09 PUBLISHED IN KERALA KAUMUDI DD. 13/05/2009. P2: COPY OF THE RELEVANT EXTRACT OF TERMS AND CONDITIONS OF EXT.P1. P3: COPY OF THE TENDER SUBMITTED BY PETITIONER DTD. 23/05/2009. P4: COPY OF THE EXTRACT OF NOTIFICATION G.O.(RT) 3243/01/LAB. DTD. 30/10/2001. P5: COPY OF D.A. PAYABLE IN ADDITION TO THE MINIMUM WAGES FOR WATCHMAN. P6: COPY OF THE STATEMENT FILED BY THE RESPONDENTS IN WPC.NO.7204/09. P7: COPY OF THE JUDGMENT IN WPC.NO.7204/2009 DTD. 11/03/2009. P8: COPY OF COMMUNICATION NO.48/7636/01 DTD. 11/06/2009 ISSUED BY MANAGER, ESI CORPORATION. P9: COPY OF THE COMMUNICATION NO.KR/KLM/12648/AC/2009 DTD. 11/06/2009 ISSUED BY ASST.PF.COMMISSIONER EPF ORGANISATION. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE NOTIFICATION DTD. 18/09/2008 ISSUED BY THE GOVT. OF INDIA. R10(A):COPY OF THE G.O.(MS) NO.135/97/CO-OP. DTD. 13/11/97. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ---------------------------------------- W.P.(C).No.14503 of 2009 ---------------------------------------- Dated this the 26th day of August, 2009. JUDGMENT The 1st respondent issued a notification Ext.P1 inviting applications for providing supply of security guards in FL1 shops, warehouses and Head Offices under it. Ext.P2 stipulates the terms and conditions of the tender. Clause ii I(a) of Ext.P2 makes it clear that the rate quoted by the tenderer shall ensure minimum wages payable as prescribed in the notification dated 30.10.2001. The rate shall be inclusive of all statutory benefits payable except variable dearness allowance, which will be paid at the rate of Rs.2/- for every point above the base point of 600 of the wholesale price index notified etc. The petitioner submitted a tender and quoted an offer which according to the petitioner was inclusive of the variable dearness allowance also. This offer was not accepted by the Corporation. W.P.(C).No.14503 of 2009 :: 2 :: 2. A statement has been filed on behalf of the Corporation. Clause 2 in Ext.P2 is unambiguous. The rate quoted by a tenderer should be all inclusive except variable dearness allowance. If that be so, the case of the petitioner that he has quoted the rate to tally with the requirements of the respondents, which according to the petitioner will not vary the tender conditions, is not correct. I do not find any reason to interfere and do not find my way to issue any directions. Writ petition is accordingly dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy//