JUDGMENT

P. K. MOHANTY, J. — The petitioner calls in question, the requirement of possessing an E.S.I. registration Code, as an eligibility condition for participation in the Tender, invited by the Indian Oil Corporation Ltd. on the ground that such a condi¬tion is illegal and inoperative and with an oblique motive.

2. The fact in brief is that, the petitioner ‘Maa Mangala Construction’ is a proprietorship concern engaged in civil con¬tract works and general order supplier, at Paradip in the district of Jagatsinghpur. It claims experience of having executed various works under Hindustan Petroleum Corporation as well as the opp. party, Indian Oil Corporation, two public sector undertakings and at the moment undertaking ‘Hose Handling Work’ under the opp. party-Corporation by virtue of the work order dated 15.3.2001, a copy of which is Annexure-4 to this petition.

3. The opp. party No. 1, Indian Oil Corporation Ltd. (hereinafter called ‘IOC’) has invited tender for Hose Handling Work contract for its Tanker/Barges at Paradip Port vide Tender Call Notice, a copy of which is Annexure-1. One of the eligibility conditions amongst others under Clause (c) of the Minimum Qualifying Requirem