IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2671 of 2010 1. RAILWAY LICENSEDHARI PORTERS SHRAMIK SAHYOG SAHKARI SAMITY, MANGAL BAZAR, PS-+ DISTT- KATIHAR THROUGH ITS SECY. 2. RAMASHIS RAI S/O LATE SOMAR RAI, SECY, RAILWAY LICENSEDHARI PORTERS SHRAMIK SAHYOG SAHKARI SAMITY, MANGAL BAZAR, PS+ DISTT- KATIHAR-------PETITIONERS Versus 1. THE UNION OF INDIA THROUGH THE DIVISIONAL RAILWAY MANAGER, NORTH FRONTIER RAILWAY KATIHAR DIVISION, KATIHAR 2. THE DIVISIONAL RAILWAY MANAGER, NORTH FRONTIER RAILWAY, KATIHAR DIVISION,KATIHAR 3. THE SENIOR DIVISIONAL COMMERCIAL MANAGER, NORTH FRONTIER RAILWAY, KATIHAR DIVISION, KATIHAR 4. THE ASSISTANT COMMERCIAL MANAGER,NORTH FRONTIER RAILWAY, KATIHAR DIVISION, KATIHAR 5. MOHINI SIKSHIT SHRAMIK SWABLAMBI SAHAKARI SAMITY LTD, HIGH SCHOOL PARA, PS-+ DISTT- KATIHAR THROUGH ITS SECY. 6. THE SECY, MOHINI SIKSHIT SHRAMIK SWABLAMBI SAHKARI SAMITY LTD, HIGH SCHOOL PARA, KATIHAR----RESPONDENTS ----------- For the Petitioners: Mr. Rajendra Pd.Singh,Sr.Advocate Mr. r.K.Singh, Advocate For Respondents 1to 4: Mr. Anil Singh, Advocate ----------- 2 16.2.2010 Heard learned Senior counsel for the petitioner and learned counsel for the respondents- Railways. The petitioner is a registered Labour Cooperative Society which is engaged in loading and unloading of goods and parcel at Katihar Railway Station. They had the contract for handling the goods and parcel in their favour on the basis of the settlement made earlier. But this time round they have lost out to respondent no.5 which is yet another registered Cooperative Society who turned out to the lowest bidder and fulfills the other criteria. Aggrieved by same petitioner no.1 filed a detailed representation before the Divisional Commercial Manger, North Frontier Railway Katihar which is annexure-6 to the writ application. Many an objections have been raised which has been responded to by virtue of annexure-7 dated 18.12.2009. Since the - 2 - objection of the petitioner was rejected and turned down the present writ application has been filed. The first ground for challenge for such settlement is that the rate quoted by respondent no.5 is unworkable and very low and that does not lend any credibility to the bid which has been made by respondent no.5. The other submission is that in terms of the advertisement contained in annexure-4, the Labour Cooperative Society having experience in loading and unloading of goods and parcel in the area of Katihar Railway Station are only eligible. Private respondent no. 5 does not have that experience and if they have any experience that is for the State of West Bengal and not for Katihar. Learned counsel representing the Railways submits that the objection raised by petitioner does not merit consideration. If the tenderer has quoted a price he has done so with due responsibility and if there is failure on his part to perform the contract then there are consequence which are going to flow. Whether the price quoted by the private respondent is workable or not workable is not for the petitioner to decide. To that extent the respondents are correct because the valuation of the tender and the price quoted therein is not the concern of the petitioner but the parties entering into the contract. The other objection with regard to experience of respondent no.5 in handling the loading and unloading of parcel and goods is concerned annexure-7 is the complete answer where a finding has - 3 - been communicated to the petitioner by the competent authority that the Labour Cooperative Society i.e. respondent no.5 does have the requisite experience and they are also the registered society located at Katihar. Even the address furnished by the petitioner with regard to respondent nos. 5 and 6 could satisfy their locality. In view of above both the grounds are without merit and no interference is required in the settlement as such. This writ application stands dismissed. RPS (Ajay Kumar Tripathi, J.)