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2017 (1) TMI 268 - HC - Indian LawsValidity of award of a contract given by the Income Tax Department in the matter of supplying of technical and non-technical labours to the department - Held that:- During the course of hearing except for contending that Clause 7.5 of the Bid document is ultra-vires and the conditions stipulated therein i.e. minimum wages as notified by the State Govt. can also be accepted makes the clause ultra-vires, nothing is brought to our notice on the basis of which it can be said that there is any statutory violation or malafides made out in awarding of a contract. As when the minimum wages fixed by the Central Govt. under the Minimum Wages Act is insisted upon, we find nothing ultra-vires in Clause 7.5 merely because the word 'State Govt.' is also used before the word 'or'. Once, it is crystal clear from the material available on record that contract has been awarded based on the minimum wages fixed by the Central Govt. , we see no reason to declare the Clause as ultra-vires. As far as accepting bid of the petitioner for technical staff, as the rate of the petitioner is lower is concerned, we cannot permit bifurcation of the contract for supplying of technical labours and non-technical labours by two different contracts. The contract is a consolidated contract for supply of both class of labours by one contract and if based on the subjective satisfaction of the employer and looking to the various aspects of the matter, they have awarded the contract to respondent no. 3 then in the absence of any statutory rule or regulation being violated or malafides being established, we see no reason to interfere into the matter, even in the objection raised by the petitioner which is available at page 37, we find that except for making vague and unspecified allegations, no objection which can be upheld under law are pointed out.
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