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ARUN DEV CHOUDHURY
Self Dependent Motor Driver Union – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. Heard Mr. K.N Choudhury, learned senior counsel assisted by Mr. L N Dihingia, learned counsel for the petitioner. Also heard Mr. I Chowdhury, learned senior counsel assisted by Mr. MK Das learned counsel for the respondent, ONGC.
2. The petitioners are members of a registered Trade Union by name and style of “Self Dependent Motor Driver Union”, at ONGCL, Assam Asset, Nazira, Sivasagar and have challenged an NIT being Tender No.R16DC24005 issued for hiring of services of 372 numbers of light vehicles (Taxi) for Assam Asset of ONGCL. for a period of 4 years on one bidder one vehicle through Draw of Lots.
3. It is the case of the petitioners that while hiring of light vehicle, a clause should be inserted in the NIT giving priority to the license holder of driving license cum owner of the vehicle. Accordingly a representation was also filed on 02.08.2022 before the Executive Director, ONGCL, Assam Asset and a verbal assurance was also given to them that a special clause shall be inserted giving weightage to a license and experience.
4. Mr. KN Choudhury, learned senior counsel assailing the impugned NIT argues that the tender process is hit by vices of unfair, unreasonable and
The court established that a Draw of Lots in a tender process does not constitute a lottery under the Lotteries (Regulation) Act, 1998, and can be a valid method to address unemployment.
The court upheld the tender process by ONGC, affirming that the draw of lots method is reasonable and aimed at addressing local unemployment, thus not violating constitutional rights.
Tender conditions cannot differentiate based on ownership without rational basis, violating constitutional principles of equality and fairness. (Articles 14 and 19(1)(g))
The main legal point established in the judgment is the importance of fair and transparent decision-making processes in accepting tenders and the need for clarity and legal certainty in tender norms ....
Point of Law : The author of the document is the best person to understand and appreciate its requirement, further observing that it is possible that the owner or employer of the project may give an ....
Point of law: powers of judicial review are limited and while exercising such power the Court has to see whether the process adopted or decision made by the authority is malafideor is intended to fav....
Judicial review of tender conditions is limited; courts should not interfere unless actions are arbitrary, discriminatory, or mala fide, ensuring public interest is prioritized.
The requirement of a labor license covering the specific district is essential for bid evaluation, and the interpretation by the employer should be upheld unless proven arbitrary or unreasonable.
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