WP(C) 1896/2009 BEFORE HON’BLE MR JUSTICE H N SARMA Heard Mr. K. Agarwal, learned counsel for the petitioner. This writ petition has been filed challenging the special conditions of contract containing Clause 2.5 and 4.5 in the NIT issed by the ONGC authoritie s for hiring of services for operation & maintenance of 02 Nos. of Hot oil cir culation units of Assam Asset for a period of three years. Clause 2.5 and 4.5 ha s been incorporated as special conditions of contract by the ONGC. As per the Cl ause 2.5 it is provided that the Day Rate shall be payable for a calendar month on twelve hours work per day basis. The day rate shall not be more than 70% of operating charge per hour and shall be payable for actual number of days utili zation of unit. Clause 4.5 of the Special Condition of Contract of the bid provi des that the contractor have to obtain a separate independent EPF code from the office of the Regional Provident Fund Commissioner and the contractor shall be r esponsible for making regular contribution towards provident fund in respect of his employees deployed for work under this contract. If the Corporation incurs any expenditure due to non-fulfillment of obligation by the contractor, the s ame shall be recovered from the contractor with notice. Raising objection of th ese two clauses, a representation before the ONGC authority was filed by the pe titioner but the same was rejected and conditions incorporated in the aforesaid two clauses were maintained. Challenging the same, this writ petition has been f iled by the petitioner. By now there is no dispute as regards the proposition of law that the t enderer is not entitled to challenge the terms and conditions of the NIT. In tha t view of the matter, I am not inclined to admit this petition. However, Mr. Aga rwal referring Clause 4.5 submits that the present petitioner is not required t o obtain a separate independent EPF code of its employees inasmuch as there are lesser number of employees in its side than the statutory requirement attracting to obtain such code under the Employees Provident Fund Act. If that be so, the petitioner may incorporate this facts in his tender with necessary proof therein . However, apart from the submission of the EPF code, the other conditions ment ioned in that Clause has to be observed and fulfilled by the tenderers. Subject to above observation, this writ petition stands closed.