ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Mr. G.N. Sahewalla, learned Senior Counsel for the petitioner. Also heard Mr. D. Nath, learned Addl. Senior Govt. Advocate appearing for the State respondent.

A Notice Inviting Tender (NIT) was issued by the Office of the Deputy Commissioner, Food, Civil Supplies and Consumer Affairs Branch of Dhubri bearing No. DSG-10/2017/11 dated 6.4.2017 for the work "carrying/loading/unloading of allotted food grains, i.e., Rice under NFSA-2013 in 2(two) tier system-tier-1(from FCI Godown to 'GPSS/WCCS Godown) and tier-II (GPSS/WCCS Godown to FPS Dealer/Agent) for transportation and delivery upto F.P. Shop level."

Pursuant to the said NIT, the petitioner along with five other bidders have submitted their bid documents. The bids were considered and deliberated in the minutes of the tendering committee meeting held on 9.5.2017 in the Office Chamber of the Addl. Deputy Commissioner, FCS & CA, Dhubri as per the said minutes, the bid of the petitioner was found to be non responsive for the reason that the labour registration certificate as required under the terms and condition No. 7 of the NIT was not submitted. From the said minutes, it is also revealed that bids of M/s. Assam Agencies, M/s. Saha Stores, Dhubri, M/s. Kiran Enterprise, Dhubri and M/s. Bharati Enterprises were also found to be non-responsive for different reasons as stated therein. But the technical committee found the bid of M/s. Uttam Kumar Saha, Dhubri to be responsive in all manner.

2. In the aforesaid circumstance, the question arises as to what was the nature of the labour registration certificate that was submitted by Uttam Kumar Saha, which was found to be acceptable by the authorities. From the records, it is revealed that the labour licence submitted by Uttam Kumar Saha is a licence granted to him by the Asstt. Labour Commissioner, Dhubri for doing certain work of construction and repairing of departmental works in the establishment of the Executive Engineer, PWD Dhubri.

3. The requirement of a labour licence flows from Clause-7 of the NIT, which is as follows:--

Terms and Conditions of Bids

"7. The Bidder should have Labour Registration and EPF."

4. It is submitted by Mr. G.N. Sahewalla, learned Senior Counsel that the labour registration certificate contemplated under Clause-7 of the NIT would be a labour licence as contemplated under section 12 of the Contract Labour (Regulation and Abolition) Act, 1970, in short Act of 1970. Section 12 of the said Act of 1970 inter alia provides that no contractor to whom the Act applies shall undertake or execute any work through contract labour except under and in accordance with a licence issued in that behalf by the licensing officer. Rule 21 of the Contract Labour (Regulation and Abolition) Assam Rules, 1971 provides the procedure for grant of a licence contemplated under section 12 of the Act of 1970. Rule 21 inter alia provides that every application by a contractor for the grant of a licence shall be made in triplicate, in Form-IV, to the licensing officer of the area in which the establishment, in relation to which he is the contractor, is located. Sub-Rule 2 of Rule 21 further provides that every such application shall be accompanied by a certificate of the principal employer in Form-V to the effect that the applicant has been employed by him as a contractor in relation to his establishment and that he undertakes to be bound by all the provisions of the Act and the Rules made thereunder in so far as the provisions are applicable to him as principal employer in respect of the employment of contract labour by the applicant.

5. A perusal of Form-IV indicates that the said application has to be submitted under the signature of the contractor, where the particulars of the principal employer are also required to be provided. Again Form-V is a certificate issued under the signature of the principal employer, which certifies that the said principal employer has engaged the applicant cont