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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G. ARUN
Building Consultant and Technological Service Co-Operative Society Ltd. – Appellant
Versus
Thonnakkal Agricultural Credit Co-Operative Society Ltd. – Respondent
| Table of Content |
|---|
| 1. co-operative society eligibility under kerala co-operative societies act. (Para 1) |
| 2. eligibility and entitlement to price preference based on classification. (Para 2) |
| 3. interpretation of government orders on tender preferences. (Para 3 , 4) |
| 4. limitations on claims for price preference in tenders. (Para 5) |
| 5. writ petition dismissal. (Para 6) |
JUDGMENT :
V.G. ARUN, J.
1. The 1st petitioner is a co-operative society registered and functioning in accordance with the provisions of the Kerala Co-operative Societies Act, 1969. The 1st respondent, another co-operative society, had invited tenders for the construction of its head office building and ancillary works as per Ext.P1 tender notification. The 1st petitioner participated in the tender and quoted the second lowest rate and the 3rd respondent the lowest. The difference between the rates quoted by the 1st petitioner and the 3rd respondent was 7.16%. The President of the 1st petitioner Society therefore submitted Ext.P8 letter, requesting to award the work to the 1st petitioner by granting the price preference available to Labour Contract Co-operative Societies. In the absence of any positive response to the request and
Eligible price preference for cooperative societies is restricted to government works, affecting the maintainability of disputes under the Kerala Co-operative Societies Act.
The court upheld the constitutionality of government orders granting price preference to Labour Contract Co-operative Societies in public tenders, affirming limited judicial review in contractual mat....
The main legal point established in the judgment is that citizens do not have a fundamental right to demand a contract from the State, and the government's policy of granting price preference to labo....
The financial viability of a Co-operative Society and the applicability of the Minimum Wages Act to such societies were central to the judgment.
The absence of challenge to an award renders a subsequent petition regarding recovery proceedings non-maintainable, affirming the right to pursue alternate remedies under relevant statutes.
As per Section 69 of Kerala Co-operative Societies Act 1969, the dispute is to be decided by Co-operative Arbitration Court and Registrar are well defined. Accordingly the Government of Kerala consti....
It is for them to file third party appeal along with application to secure third party leave from the Kerala Co-operative Tribunal, in terms of Sec.82(1) of the Act.
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