JUDGMENT

Petitioner is a Labour Contract Society and it responded to Ext.P1 notification inviting tenders issued by the 4th respondent for the work of filling and levelling of the proposed 66 KV Sub Station Site at East Kallada. The estimated amount is (PAC of the work) Rs.19,33,146/-. Petitioner quoted at the rate 9.99 % above PAC. The 5th respondent quoted at the rate of 28.999% below the estimated amount. Tenders were opened on 3.12.2008 by the 4th respondent. Petitioner contends that the President of the Society who was present at that time, expressed his willingness to undertake the work at 10% above the lowest rate. This was again reiterated by Ext.P4 dated 6.12.2008. Nevertheless, the contract was ultimately awarded to the 5th respondent which has been questioned in this writ petition.

2. Petitioner contends that as a Labour Contract Society, it is entitled to a preference in the award of contracts, in accordance with clause 8 of Ext.P1 Government Order dated 13.11.1997 which provides for entrustment of the contract work to such Societies on preferential terms and conditions. Clause 8 of Ext.P1 order in so far as they are relevant, reads as follows:-

Procedure for and condition