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2016 Supreme(Bom) 1021

S.V.GANGAPURWALA, K.K.SONAWANE
Girjamata Labour Cooperative Society Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A.R.Devkate
For the State : Mr. S.M. Ganachari

JUDGMENT :

S.V.Gangapurwala, J.

1. Rule. Rule made returnable forthwith.

With the consent of the parties, taken up for final hearing.

2. The petitioner assails the Government Resolution dated 24.4.2015, stipulating e-tender process in allotment of contracts to the Labour Cooperative Societies above Rs.3,00,000/- (Rupees three lacs).

3. The petitioner is a Labour Cooperative Society consisting of labourers residing in vicinity of Kannad, District Aurangabad. The Labour Cooperative Societies are granted several concessions by the Statement Government since 1948. The Government vide Resolution dated 30.3.1979, laid down the procedure while providing works to Labour Cooperative Societies. The concession granted by the Government Resolution dated 30.3.1979 were modified subsequently by various Government Resolutions. The limit of granting the work was increased from time to time. The Labour Cooperative Societies were given work up to Rs.5,00,0000/- (Rupees five lacs) without inviting tenders. Each Labour Cooperative Society was held entitled to have work of maximum 30,00,000/- (Rupees thirty lacs) in a year. The Government vide Resolution dated 31.3.2005, earmarked the allotment of work to t

















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