The High Court of Kerala passed a judgment on 1 February, 2023 which stated that the introduction of price software appears to have created a certain amount of dilemma among officials as well as contractors. It was stated in the case of Raghunadh K T K vs The State Of Kerala (WA NO. 124 OF 2023) which was passed by the division judge bench comprising of JUSTICE A.MUHAMED MUSTAQUE and JUSTICE SHOBA ANNAMMA EAPEN
FACTS OF THE CASE:
Muhamed Mustaque, J The unsuccessful contractor, who bid a lowest amount in a tender issued for the work “Rebuild-RKI-Onchiyam GP-Madappally Underpass Vellikulangara Crash Road” was in appeal. The issue relates to giving preferential treatment to Labour Contract Co-operative Society. As per the Government Order, the Labour Contract Society has a preferential treatment in the matter of award of contract work. The dilemma had arisen in the context of introduction of PRICE Software The considerable amount of confusion arose consequent upon the introduction of PRICE software.
JUDGEMENT OF THE CASE
In this case, the labour society is having a manual registration and they can compete with other individual contractors who registered online, based on the second part of the above Government Order. Therefore, they are entitled for the preferential treatment. The difference in the bid was less than 10 per cent of the lowest tender. So, they are entitled for preferential treatment as per the Government Order . As the learned Single Judge rightly turned down the challenge, the appeal failed and was hence dismissed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
