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TMI Blog2017 (1) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... the Minimum Wages Act is insisted upon, we find nothing ultra-vires in Clause 7.5 merely because the word 'State Govt.' is also used before the word 'or'. Once, it is crystal clear from the material available on record that contract has been awarded based on the minimum wages fixed by the Central Govt. , we see no reason to declare the Clause as ultra-vires. As far as accepting bid of the petitioner for technical staff, as the rate of the petitioner is lower is concerned, we cannot permit bifurcation of the contract for supplying of technical labours and non-technical labours by two different contracts. The contract is a consolidated contract for supply of both class of labours by one contract and if based on the subjective satisfaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent no. 3, this writ petition has been filed. 3. It is said that the contract has been illegally granted. Clause 7.5 of the contract is ultra-vires of the Constitution and as various illegalities have been committed in awarding of a contract as objected to by the petitioner in his petition at page 37 which has not been decided by a speaking order, this writ petition has been filed. 4. Placing reliance on a judgment of the Supreme Court in the case of State of Jharkhand others Vs. M/S Cwe-Soma Consortium decided on 12 th July, 2016 , Shri Gupta argued that the contract awarded is illegal. 5. On the contrary, Shri Shri Sanjay Lal invited our attention to the judgments rendered by the Supreme Court in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e minimum wages fixed by the Central Govt. under the Minimum Wages Act is insisted upon, we find nothing ultra-vires in Clause 7.5 merely because the word 'State Govt.' is also used before the word 'or'. Once, it is crystal clear from the material available on record that contract has been awarded based on the minimum wages fixed by the Central Govt. , we see no reason to declare the Clause as ultra-vires. 9. As far as accepting bid of the petitioner for technical staff, as the rate of the petitioner is lower is concerned, we cannot permit bifurcation of the contract for supplying of technical labours and non-technical labours by two different contracts. The contract is a consolidated contract for supply of both class o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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