THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.6566 OF 2010 Dated 23rd March, 2010 Between: A.Tara Singh …Petitioner And Northern Power Distribution Company Limited and another …Respondents Counsel for the petitioners : Sri P.Giri Krishna Counsel for the respondents : Sri O.Manohar Reddy The Court made the following ORDER: The petitioner, who is an electrical contractor, filed this writ petition feeling aggrieved by Condition No.3.vii of tender notice issued by the respondents calling for tenders for manning and maintenance of 33/11 K.V.Sub-Stations in Adilabad Circle for the year 2010-2011. The petitioner pleaded that insisting on employees’ provident fund code number (EPF Code) as a pre-condition for considering the tender is arbitrary. According to the petitioner for maintenance of E-Sub-Station, about 5 labourers are required and that unless the tenderer gets four works, it will not be necessary for him to get himself registered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short “the Act”), under which registration is compulsory where a minimum of 20 workmen are engaged by the contractor. After hearing the learned Standing Counsel for the respondents, I am of the view that the grievance of the petitioner appears to be justified. It is not in dispute that under the Act for getting the establishment registered, a minimum of 20 persons need to be employed. Unless the petitioner is awarded such number of works, as may be requiring employment of not less than 20 workmen, there will be no necessity for the tenderer to get registration in advance. In this view of the matter, the writ petition is disposed of in the following terms. (1) The respondents are directed to receive and consider the petitioner’s tender without insisting on compliance with Condition No. 3.vii of the tender notice. (2) If the petitioner is awarded such number of works as may be requiring engagement of not less than 20 workmen, the petitioner shall get his establishment registered within a period of one month from the date of acceptance of his tender and (3) if proof of registration is not produced before the respondents within the above stipulated time, the respondents shall be free to cancel the allotment of work. As a sequel to disposal of main petition, WPMP No.8470 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 23rd March, 2010 vrn