Self Dependent Motor Driver Union and 12 Ors v. The Union of India and 4 Ors

PageoNo.#o1/7 GAHC010183402024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/315/2024o SELFoDEPENDENToMOTORoDRIVERoUNIONoANDo12oORSo ONGC,oASSAMoASSET,oNAZIRA,oSIVASAGAR,oAoUNION,oREGISTEREDo UNDERoTHEoPROVISIONoOFoTRADEoUNIONSoACT,o1926oHAVINGoITSoHEADo OFFICEoAToAMULAPATTI,oNAZIRA,oSIVASAGAR,oASSAM,oREPRESENTEDo BYoITSoPRESIDENToSRIoTARUNoBORGOHAIN,oS/O-oLATEoPARESHo BORGOHAIN,oR/O-oVILL.-oMOTHIACHIGAoGOHAINoGAON,oP.O.oRAJMOW,o DIST.oSIVASAGAR,oASSAM,oPIN-o785685. 2:oNABAJIToBORPATRAoGOHAIN oSELFoDEPENDENToMOTORoDRIVERoUNION oONGC oASSAMoASSET oNAZIRA oSIVASAGAR oS/O-oSRIoBADANoBORPATRAoGOHAIN oR/O-oVILL.-oBETBARIoBORPATRAoGAON oP.O.oMITHAPUKHURI oDIST.oSIVASAGAR oASSAM oPIN-o785697. 3:oASSANoHUSSAIN oJOINToSECRETARY oSELFoDEPENDENToMOTORoDRIVERoUNION oONGC oASSAMoASSET oNAZIRA oSIVASAGAR oS/O-oARMANoHUSSAIN oR/O-oNAZIRAoAMULAPATTY oWARDoNO.o6 oP.O.oNAZIRA oDIST.oSIVASAGAR oASSAM PageoNo.#o2/7 oPIN-o785685. 4:oAJOYoBORGOHAIN oS/O-oLATEoCHANDRAoNATHoBORGOHAIN oR/O-oKONWARPUR oDIST.oSIVASAGAR oASSAM oPIN-o785667. 5:oABHIJIToGOGOI oS/O-oMUNINDRAoNATHoGOGOI oR/O-oBORKOLAoMANIPURIoGAON oP.O.oSIMALUGURI oDIST.oSIVASAGAR oASSAM oPIN-o785686. 6:oBABUoALI oC/O-oABDULoMAZID oR/O-oDUIoALIoMAZ oJENGONIoKOTIA oP.O. oP.S.oANDoDIST.oSIVASAGAR. 7:oTRILUCHANoDUTTA oS/O-oBANIoDUTTA oR/O-oBILUDASoROADoNEARoMADHABDEVoNAMGHAR oPHUKANoNAGAR oP.O. oP.S.oANDoDIST.oSIVASAGAR oASSAM oPIN-o785640. 8:oRATANoGOGOI oC/O-oTHANESWARoGOGOI oR/O-oHATIMURIAoGAON oP.O.oANDoP.S.oCHEREKAPER oDIST.oSIVASAGAR oASSAM oPIN-o785701. 9:oHEMANTAoPHUKAN oC/O-oMONoPHUKAN oR/O-oHAHCHARAoLABANGoGAON oSIVASAGAR oP.O.oHAHCHARA oP.S.oCHEREKAPER oDIST.oSIVASAGAR PageoNo.#o3/7 oASSAM oPIN-o785701. 10:oAJIJoKHAN oC/O-oMOJIDoKHAN oR/O-oTAXIoALIoBYEoLANE-1 oJENGONIKOTIA oP.O. oP.S.oANDoDIST.oSIVASAGAR oASSAM oPIN-o785640. 11:oBHUPENoBURAGOHAIN oS/O-oPUNAoBURAGOHAIN oR/O-oSTATIONoROAD oSIMALUGURI oSIMOLUoGURIoTOWN oSIVASAGAR oSIVASAGAR oP.O.oANDoP.S.oSIMALUGURI oDIST.oSIVASAGAR oASSAM oPIN-o785686. 12:oNIRANoTAMULI oS/O-oDURGESWARoTAMULI oR/O-o1oNO.oCHOULKARAoGAON oCHAULoKORAoNO.o1 oP.O.oCHOULKARA oDIST.oSIVASAGAR oASSAM oPIN-o785667. 13:oROYALoSAIKIA oS/O-oPUTUKONoSAIKIA oR/O-oVILL.-oMOTHIASIGAoGOHAINoGAON oP.O.oRAJMOW oDIST.oSIVASAGAR oASSAM oPIN-o785685o VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoPETROLEUMoANDoNATURALoGAS,oNEWoDELHI. 2:THEoOILoANDoNATURALoGASoCORPORATIONoLTD. Page No.# 4/7 EASTERN REGION REPRESENTED BY THE EXECUTIVE DIRECTOR (E.D.) ASSET MANAGER P.O. NAZIRA DIST. SIVASAGAR ASSAM 3:THE CHIEF GENERAL MANAGER HEAD MM ASSAM ASSET ONGC (L) NAZIRA ROB-II ASSAM 4:THE HEAD MM MATERIAL MANAGEMENT DEPARTMENT CONTRACT CELL ASSAM ASSET EASTERN REGION ROB-II FIRST FLOOR NAZIRA ASSAM PIN-785685. 5:THE DEPUTY COMMISSIONER SIVASAGAR DIST. SIVASAGAR ASSA Advocate for the Petitioner : MR. P J SAIKIA, MR. L N DIHINGIA Advocate for the Respondent : DY.S.G.I., GA, ASSAM,MR. M K DAS,FOR CAVEATOR

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

11.09.2024 O R D E R (U.K. Nair, J.)

Heard Mr. K.N. Choudhury, learned Senior counsel, assisted by Mr. L.N. Dihingia, learned counsel for the appellants. Also heard Mr. I. Choudhury, learned Senior counsel, assisted by Mr. M.K. Das, learned counsel for the respondent Nos.2, 3 and 4.

¶2The appellants have instituted the present appeal presenting a challenge to an order dated 19.08.2024 passed by the learned Single Judge in WP(C) No.4108/2024 to the extent that the prayer for interim direction was rejected in the writ petition.

¶3The writ petition was so instituted by the appellants herein presenting a challenge to an NIT issued vide No.R16DC24005 for "Hiring of Services of brand new 372 Nos. of Light vehicle (Taxi)" for Assam Asset for a period of four years on lottery basis.

¶4The learned Single Judge on considering the submissions made by the learned counsel for the parties was pleased vide order dated

19.08.2024 to issue notice in the matter fixing the same on 20.09.2024 to enable the respondents therein to file their respective affidavits.

¶5The learned Single Judge on consideration of the submissions of the parties and also appreciating the fact that the change of policy pertaining to hiring of vehicles by the ONGC was already considered by this Court in the proceedings of WP(C) No.6208/2023 and the same was so upheld, Page No.# 6/7 was pleased not to grant any interim order in favour of the appellant/writ petitioner herein.

¶6Mr. Choudhury, learned Senior counsel for the appellant, submitted that the NIT in question is not sustainable inasmuch as the same does not provide the conditions requisite for selection of the bidders for award of the contract pertaining to hiring of services of brand new light vehicles (for taxi purposes).

¶7Mr. Choudhury, learned Senior counsel for the appellant has submitted that the respondent-authorities in the present NIT did not provide for any pre-conditions or qualifications to ensure that the bidders have the requisite capacity and resources to successfully execute the contract in question.

¶8The submissions so made by Mr. Choudhury, was disputed by Mr. I. Choudhury, learned Senior counsel, appearing for the ONGC authorities and he has submitted that the present NIT was so issued in terms of the policy which was so formulated after a Tripartite meeting held between the ONGC and the other stakeholders with the district administration of Sivasagar on 08.08.2023.

¶9Mr. I. Choudhury, learned Senior counsel has further submitted that the modified policy coming into effect in pursuance to the said Tripartite meeting was put to challenge before this Court in the proceedings of WP(C) No.6208/2023 and this Court was pleased vide order dated

18.06.2024 to reject the said challenge.

¶10Mr. I. Choudhury, learned Senior counsel for the ONGC authorities has submitted that in pursuance to the NIT, around 27,700 bids have been Page No.# 7/7 received and the respondents are now in the process of scrutinizing the said bids. He, on instructions, has further submitted that the processing of the bids so received including conduct of lottery for selection of bidders for award of the contract in question would be completed by 15.10.2024. He further submits that the contract as entered into between the appellants herein would subsist till December, 2024.

¶11Having noticed the rival submissions, we are of the considered opinion that at this stage, we are not called upon to enter into the merits of the matter inasmuch as a final conclusion on the rival contentions of the parties have not been so considered by the learned Single Judge.

¶12Accordingly, we request the learned Single Judge to expeditiously consider WP(C) No.4108/2024 preferably before 15.10.2024. To facilitate an early consideration of the writ petition by the learned Single Judge, the ONGC authorities are directed to file their affidavit-in-opposition on or before 16.09.2024 and thereafter the appellant may file their reply on or before 20.09.2024. The learned Single Judge would thereafter on

20.09.2024 fix a date for final consideration of the issues involved and thereafter proceed to dispose of the writ petition. We also make it clear that we have expressed no opinion on the merit of the case.

¶13With the above observations and directions, this Appeal stands disposed of.

JUDGE JUDGE Comparing Assistant