w w w . L a w y e r S e r v i c e s . i n
International Commerce Limited v/s Government of India, Ministry of Steel, through its Secretary Udyog Bhawan, New Delhi & Others
Company & Directors' Information:- S A L STEEL LIMITED [Active] CIN = L29199GJ2003PLC043148
Company & Directors' Information:- M M S STEEL PRIVATE LIMITED [Active] CIN = U27109TZ1996PTC006849
Company & Directors' Information:- V K UDYOG LTD [Active] CIN = U51909WB1995PLC075722
Company & Directors' Information:- S M S UDYOG LIMITED [Amalgamated] CIN = U99999DL1982PLC013302
Company & Directors' Information:- C P S STEEL INDIA PRIVATE LIMITED [Active] CIN = U27104TZ2003PTC010552
Company & Directors' Information:- INDIA E-COMMERCE LIMITED [Active] CIN = L99999MH1968PLC014091
Company & Directors' Information:- INTERNATIONAL COMMERCE LIMITED [Active] CIN = U10100WB1980PLC204139
Company & Directors' Information:- J M G STEEL PRIVATE LIMITED [Strike Off] CIN = U27105BR1992PTC004985
Company & Directors' Information:- A P UDYOG LTD [Active] CIN = L01132WB1984PLC037221
Company & Directors' Information:- H L STEEL PVT LTD [Active] CIN = U27107AS1992PTC003726
Company & Directors' Information:- K V M STEEL PRIVATE LIMITED [Active] CIN = U29141DL1988PTC031248
Company & Directors' Information:- H M A UDYOG PRIVATE LIMITED [Active] CIN = U36999DL1981PTC011548
Company & Directors' Information:- K STEEL PRIVATE LIMITED [Strike Off] CIN = U27104JH1973PTC000998
Company & Directors' Information:- M M STEEL PRIVATE LIMITED [Active] CIN = U27107MH2001PTC131270
Company & Directors' Information:- H R UDYOG PRIVATE LIMITED [Active] CIN = U01132WB2005PTC101729
Company & Directors' Information:- S H COMMERCE PRIVATE LIMITED [Active] CIN = U51109WB2008PTC121420
Company & Directors' Information:- A. M. COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB2011PTC168744
Company & Directors' Information:- J D M UDYOG PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085842
Company & Directors' Information:- J A UDYOG PRIVATE LIMITED [Active] CIN = U15122BR2013PTC021705
Company & Directors' Information:- P K UDYOG PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058102
Company & Directors' Information:- G. S. UDYOG PRIVATE LIMITED [Active] CIN = U51909AS2009PTC008948
Company & Directors' Information:- M R UDYOG PRIVATE LIMITED [Amalgamated] CIN = U74900WB2011PTC157973
Company & Directors' Information:- B L STEEL PVT LTD [Active] CIN = U51909WB1981PTC034021
Company & Directors' Information:- R K STEEL UDYOG PRIVATE LIMITED [Active] CIN = U27108WB2004PTC098068
Company & Directors' Information:- R K G STEEL PRIVATE LIMITED [Active] CIN = U27109DL2004PTC128852
Company & Directors' Information:- INDIA STEEL INTERNATIONAL PRIVATE LIMITED [Active] CIN = U53221MH1992PTC065824
Company & Directors' Information:- V B STEEL PRIVATE LIMITED [Active] CIN = U28112MH2010PTC211691
Company & Directors' Information:- M G UDYOG PRIVATE LIMITED [Active] CIN = U74899DL1994PTC056983
Company & Directors' Information:- I B STEEL COMPANY PRIVATE LIMITED [Strike Off] CIN = U28910MH2010PTC211344
Company & Directors' Information:- Y D STEEL PRIVATE LIMITED [Strike Off] CIN = U27109WB1997PTC086155
Company & Directors' Information:- G S E-COMMERCE PRIVATE LIMITED [Active] CIN = U52100KA2013PTC067567
Company & Directors' Information:- J S C STEEL PRIVATE LIMITED [Active] CIN = U27106UP2013PTC061568
Company & Directors' Information:- S. M. STEEL PRIVATE LIMITED [Active] CIN = U51101MH2013PTC239811
Company & Directors' Information:- R K P STEEL LTD [Active] CIN = L27109WB1980PLC033206
Company & Directors' Information:- M M UDYOG LTD [Active] CIN = U17111WB1984PLC038345
Company & Directors' Information:- C P STEEL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC127447
Company & Directors' Information:- V K COMMERCE PVT LTD [Amalgamated] CIN = U51109WB1984PTC037122
Company & Directors' Information:- A. K. J. STEEL PRIVATE LIMITED [Active] CIN = U28112WB2010PTC144880
Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911
Company & Directors' Information:- P. R. COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB2008PTC122333
Company & Directors' Information:- M & P E. COMMERCE PRIVATE LIMITED [Active] CIN = U74300DL1999PTC099198
Company & Directors' Information:- C D STEEL PVT LTD [Under Liquidation] CIN = U27109WB1981PTC034340
Company & Directors' Information:- T M S STEEL PRIVATE LIMITED [Strike Off] CIN = U02710TZ1996PTC007498
Company & Directors' Information:- R. S. UDYOG PRIVATE LIMITED [Active] CIN = U74994OR2019PTC032093
Company & Directors' Information:- DELHI STEEL CORPORATION LIMITED [Strike Off] CIN = U27310DL1956PLC002613
Company & Directors' Information:- R S COMMERCE PVT LTD [Converted to LLP] CIN = U51909WB1995PTC074372
Company & Directors' Information:- P M R STEEL PRIVATE LIMITED [Active] CIN = U51102DL2003PTC122675
Company & Directors' Information:- C T STEEL PVT LTD [Active] CIN = U27109WB2005PTC106634
Company & Directors' Information:- P G STEEL PVT LTD [Strike Off] CIN = U24111AS1998PTC005409
Company & Directors' Information:- A AND S STEEL PRIVATE LIMITED [Active] CIN = U63090DL1987PTC027835
Company & Directors' Information:- P S COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB1997PTC084487
Company & Directors' Information:- INDIA UDYOG PVT LTD [Active] CIN = U51109WB1959PTC034780
Company & Directors' Information:- R K P UDYOG LTD [Active] CIN = U70101WB1980PLC033207
Company & Directors' Information:- V P UDYOG LTD [Active] CIN = U51109WB1985PLC038397
Company & Directors' Information:- T S R I COMMERCE PRIVATE LIMITED [Strike Off] CIN = U65910TG1999PTC032173
Company & Directors' Information:- AND E-COMMERCE PRIVATE LIMITED [Active] CIN = U74120AP2015PTC096206
Company & Directors' Information:- G. K. UDYOG PRIVATE LIMITED [Active] CIN = U31300WB1967PTC026996
Company & Directors' Information:- J S STEEL PRIVATE LIMITED [Active] CIN = U52190CT1978PTC001432
Company & Directors' Information:- E & G STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U28113PN2009PTC134643
Company & Directors' Information:- L N STEEL PRIVATE LIMITED [Active] CIN = U27310WB2007PTC118206
Company & Directors' Information:- K. D. W. STEEL PRIVATE LIMITED [Active] CIN = U28910UP2011PTC043976
Company & Directors' Information:- R. N. STEEL PRIVATE LIMITED [Active] CIN = U27100WB2007PTC116588
Company & Directors' Information:- P M STEEL PRIVATE LIMITED [Active] CIN = U27105MP1982PTC001915
Company & Directors' Information:- M R STEEL (INDIA) PRIVATE LIMITED [Active] CIN = U27100TG2013PTC088808
Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461
Company & Directors' Information:- C K STEEL PVT LTD [Active] CIN = U29150WB1975PTC030259
Company & Directors' Information:- D B S COMMERCE PRIVATE LIMITED [Active] CIN = U52190MH2009PTC190773
Company & Directors' Information:- A M Q STEEL PRIVATE LIMITED [Strike Off] CIN = U27310UP2012PTC053823
Company & Directors' Information:- A S UDYOG PRIVATE LIMITED [Active] CIN = U29253HR2016PTC058096
Company & Directors' Information:- K STEEL & COMPANY PVT LTD [Strike Off] CIN = U51909WB1991PTC053960
Company & Directors' Information:- A P COMMERCE LIMITED [Strike Off] CIN = U51909WB1981PLC033798
Company & Directors' Information:- N S STEEL PVT LTD [Strike Off] CIN = U27106PB1980PTC004266
Company & Directors' Information:- K P INDIA COMMERCE PRIVATE LIMITED [Strike Off] CIN = U51909AS2001PTC006701
Company & Directors' Information:- R C STEEL PVT LTD [Strike Off] CIN = U28112AS1980PTC001811
Company & Directors' Information:- P D STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038426
Company & Directors' Information:- A K STEEL PVT LTD [Strike Off] CIN = U99999DL1961PTC003566
Company & Directors' Information:- R B R STEEL PRIVATE LIMITED [Active] CIN = U51103PB2013PTC037791
Company & Directors' Information:- D H STEEL PRIVATE LIMITED [Strike Off] CIN = U27109RJ2012PTC039742
Company & Directors' Information:- Y S E-COMMERCE PRIVATE LIMITED [Active] CIN = U72200MH2000PTC126344
Company & Directors' Information:- R A STEEL PRIVATE LIMITED [Active] CIN = U51909MH2014PTC253625
Company & Directors' Information:- B AND D E-COMMERCE PRIVATE LIMITED [Strike Off] CIN = U74999HP2015PTC000945
Company & Directors' Information:- I P E-COMMERCE PRIVATE LIMITED [Active] CIN = U52399CH2012PTC033585
Company & Directors' Information:- N. V. STEEL PRIVATE LIMITED [Strike Off] CIN = U27310DL2009PTC186541
Company & Directors' Information:- K. D. STEEL PRIVATE LIMITED [Strike Off] CIN = U28939DL2012PTC244467
Company & Directors' Information:- S B J UDYOG PRIVATE LIMITED [Active] CIN = U28998HR2015PTC057664
Company & Directors' Information:- STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1958PTC001309
Company & Directors' Information:- DELHI UDYOG CORPN PVT LTD [Strike Off] CIN = U63090DL1959PTC003025
Company & Directors' Information:- STEEL CO PVT LTD [Strike Off] CIN = U51109WB1947PTC015981
Company & Directors' Information:- M M S STEEL PRIVATE LIMITED [Active] CIN = U27109TZ1996PTC006849
Company & Directors' Information:- V K UDYOG LTD [Active] CIN = U51909WB1995PLC075722
Company & Directors' Information:- S M S UDYOG LIMITED [Amalgamated] CIN = U99999DL1982PLC013302
Company & Directors' Information:- C P S STEEL INDIA PRIVATE LIMITED [Active] CIN = U27104TZ2003PTC010552
Company & Directors' Information:- INDIA E-COMMERCE LIMITED [Active] CIN = L99999MH1968PLC014091
Company & Directors' Information:- INTERNATIONAL COMMERCE LIMITED [Active] CIN = U10100WB1980PLC204139
Company & Directors' Information:- J M G STEEL PRIVATE LIMITED [Strike Off] CIN = U27105BR1992PTC004985
Company & Directors' Information:- A P UDYOG LTD [Active] CIN = L01132WB1984PLC037221
Company & Directors' Information:- H L STEEL PVT LTD [Active] CIN = U27107AS1992PTC003726
Company & Directors' Information:- K V M STEEL PRIVATE LIMITED [Active] CIN = U29141DL1988PTC031248
Company & Directors' Information:- H M A UDYOG PRIVATE LIMITED [Active] CIN = U36999DL1981PTC011548
Company & Directors' Information:- K STEEL PRIVATE LIMITED [Strike Off] CIN = U27104JH1973PTC000998
Company & Directors' Information:- M M STEEL PRIVATE LIMITED [Active] CIN = U27107MH2001PTC131270
Company & Directors' Information:- H R UDYOG PRIVATE LIMITED [Active] CIN = U01132WB2005PTC101729
Company & Directors' Information:- S H COMMERCE PRIVATE LIMITED [Active] CIN = U51109WB2008PTC121420
Company & Directors' Information:- A. M. COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB2011PTC168744
Company & Directors' Information:- J D M UDYOG PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085842
Company & Directors' Information:- J A UDYOG PRIVATE LIMITED [Active] CIN = U15122BR2013PTC021705
Company & Directors' Information:- P K UDYOG PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058102
Company & Directors' Information:- G. S. UDYOG PRIVATE LIMITED [Active] CIN = U51909AS2009PTC008948
Company & Directors' Information:- M R UDYOG PRIVATE LIMITED [Amalgamated] CIN = U74900WB2011PTC157973
Company & Directors' Information:- B L STEEL PVT LTD [Active] CIN = U51909WB1981PTC034021
Company & Directors' Information:- R K STEEL UDYOG PRIVATE LIMITED [Active] CIN = U27108WB2004PTC098068
Company & Directors' Information:- R K G STEEL PRIVATE LIMITED [Active] CIN = U27109DL2004PTC128852
Company & Directors' Information:- INDIA STEEL INTERNATIONAL PRIVATE LIMITED [Active] CIN = U53221MH1992PTC065824
Company & Directors' Information:- V B STEEL PRIVATE LIMITED [Active] CIN = U28112MH2010PTC211691
Company & Directors' Information:- M G UDYOG PRIVATE LIMITED [Active] CIN = U74899DL1994PTC056983
Company & Directors' Information:- I B STEEL COMPANY PRIVATE LIMITED [Strike Off] CIN = U28910MH2010PTC211344
Company & Directors' Information:- Y D STEEL PRIVATE LIMITED [Strike Off] CIN = U27109WB1997PTC086155
Company & Directors' Information:- G S E-COMMERCE PRIVATE LIMITED [Active] CIN = U52100KA2013PTC067567
Company & Directors' Information:- J S C STEEL PRIVATE LIMITED [Active] CIN = U27106UP2013PTC061568
Company & Directors' Information:- S. M. STEEL PRIVATE LIMITED [Active] CIN = U51101MH2013PTC239811
Company & Directors' Information:- R K P STEEL LTD [Active] CIN = L27109WB1980PLC033206
Company & Directors' Information:- M M UDYOG LTD [Active] CIN = U17111WB1984PLC038345
Company & Directors' Information:- C P STEEL PRIVATE LIMITED [Active] CIN = U27100WB2008PTC127447
Company & Directors' Information:- V K COMMERCE PVT LTD [Amalgamated] CIN = U51109WB1984PTC037122
Company & Directors' Information:- A. K. J. STEEL PRIVATE LIMITED [Active] CIN = U28112WB2010PTC144880
Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911
Company & Directors' Information:- P. R. COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB2008PTC122333
Company & Directors' Information:- M & P E. COMMERCE PRIVATE LIMITED [Active] CIN = U74300DL1999PTC099198
Company & Directors' Information:- C D STEEL PVT LTD [Under Liquidation] CIN = U27109WB1981PTC034340
Company & Directors' Information:- T M S STEEL PRIVATE LIMITED [Strike Off] CIN = U02710TZ1996PTC007498
Company & Directors' Information:- R. S. UDYOG PRIVATE LIMITED [Active] CIN = U74994OR2019PTC032093
Company & Directors' Information:- DELHI STEEL CORPORATION LIMITED [Strike Off] CIN = U27310DL1956PLC002613
Company & Directors' Information:- R S COMMERCE PVT LTD [Converted to LLP] CIN = U51909WB1995PTC074372
Company & Directors' Information:- P M R STEEL PRIVATE LIMITED [Active] CIN = U51102DL2003PTC122675
Company & Directors' Information:- C T STEEL PVT LTD [Active] CIN = U27109WB2005PTC106634
Company & Directors' Information:- P G STEEL PVT LTD [Strike Off] CIN = U24111AS1998PTC005409
Company & Directors' Information:- A AND S STEEL PRIVATE LIMITED [Active] CIN = U63090DL1987PTC027835
Company & Directors' Information:- P S COMMERCE PRIVATE LIMITED [Active] CIN = U51909WB1997PTC084487
Company & Directors' Information:- INDIA UDYOG PVT LTD [Active] CIN = U51109WB1959PTC034780
Company & Directors' Information:- R K P UDYOG LTD [Active] CIN = U70101WB1980PLC033207
Company & Directors' Information:- V P UDYOG LTD [Active] CIN = U51109WB1985PLC038397
Company & Directors' Information:- T S R I COMMERCE PRIVATE LIMITED [Strike Off] CIN = U65910TG1999PTC032173
Company & Directors' Information:- AND E-COMMERCE PRIVATE LIMITED [Active] CIN = U74120AP2015PTC096206
Company & Directors' Information:- G. K. UDYOG PRIVATE LIMITED [Active] CIN = U31300WB1967PTC026996
Company & Directors' Information:- J S STEEL PRIVATE LIMITED [Active] CIN = U52190CT1978PTC001432
Company & Directors' Information:- E & G STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U28113PN2009PTC134643
Company & Directors' Information:- L N STEEL PRIVATE LIMITED [Active] CIN = U27310WB2007PTC118206
Company & Directors' Information:- K. D. W. STEEL PRIVATE LIMITED [Active] CIN = U28910UP2011PTC043976
Company & Directors' Information:- R. N. STEEL PRIVATE LIMITED [Active] CIN = U27100WB2007PTC116588
Company & Directors' Information:- P M STEEL PRIVATE LIMITED [Active] CIN = U27105MP1982PTC001915
Company & Directors' Information:- M R STEEL (INDIA) PRIVATE LIMITED [Active] CIN = U27100TG2013PTC088808
Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461
Company & Directors' Information:- C K STEEL PVT LTD [Active] CIN = U29150WB1975PTC030259
Company & Directors' Information:- D B S COMMERCE PRIVATE LIMITED [Active] CIN = U52190MH2009PTC190773
Company & Directors' Information:- A M Q STEEL PRIVATE LIMITED [Strike Off] CIN = U27310UP2012PTC053823
Company & Directors' Information:- A S UDYOG PRIVATE LIMITED [Active] CIN = U29253HR2016PTC058096
Company & Directors' Information:- K STEEL & COMPANY PVT LTD [Strike Off] CIN = U51909WB1991PTC053960
Company & Directors' Information:- A P COMMERCE LIMITED [Strike Off] CIN = U51909WB1981PLC033798
Company & Directors' Information:- N S STEEL PVT LTD [Strike Off] CIN = U27106PB1980PTC004266
Company & Directors' Information:- K P INDIA COMMERCE PRIVATE LIMITED [Strike Off] CIN = U51909AS2001PTC006701
Company & Directors' Information:- R C STEEL PVT LTD [Strike Off] CIN = U28112AS1980PTC001811
Company & Directors' Information:- P D STEEL PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC038426
Company & Directors' Information:- A K STEEL PVT LTD [Strike Off] CIN = U99999DL1961PTC003566
Company & Directors' Information:- R B R STEEL PRIVATE LIMITED [Active] CIN = U51103PB2013PTC037791
Company & Directors' Information:- D H STEEL PRIVATE LIMITED [Strike Off] CIN = U27109RJ2012PTC039742
Company & Directors' Information:- Y S E-COMMERCE PRIVATE LIMITED [Active] CIN = U72200MH2000PTC126344
Company & Directors' Information:- R A STEEL PRIVATE LIMITED [Active] CIN = U51909MH2014PTC253625
Company & Directors' Information:- B AND D E-COMMERCE PRIVATE LIMITED [Strike Off] CIN = U74999HP2015PTC000945
Company & Directors' Information:- I P E-COMMERCE PRIVATE LIMITED [Active] CIN = U52399CH2012PTC033585
Company & Directors' Information:- N. V. STEEL PRIVATE LIMITED [Strike Off] CIN = U27310DL2009PTC186541
Company & Directors' Information:- K. D. STEEL PRIVATE LIMITED [Strike Off] CIN = U28939DL2012PTC244467
Company & Directors' Information:- S B J UDYOG PRIVATE LIMITED [Active] CIN = U28998HR2015PTC057664
Company & Directors' Information:- STEEL INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1958PTC001309
Company & Directors' Information:- DELHI UDYOG CORPN PVT LTD [Strike Off] CIN = U63090DL1959PTC003025
Company & Directors' Information:- STEEL CO PVT LTD [Strike Off] CIN = U51109WB1947PTC015981
WPC No. 639 of 2013
Decided On, 11 July 2018
At, High Court of Chhattisgarh
By, THE HONOURABLE CHIEF JUSTICE MR. AJAY KUMAR TRIPATHI & THE HONOURABLE MR. JUSTICE PRITINKER DIWAKER
For the Petitioner: Ashish Shrivastava, Advocate. For the Respondents: R1 & R3, B. Gopa Kumar, Assistant Solicitor General, N.K. Vyas, R2 & R4, Dr. N.K. Shukla, Senior Advocate assisted by Vikram Sharma, Ajay Lakra, Advocates.
Judgment Text
Ajay Kumar Tripathi, CJ
1. Heard the counsel for the parties.
2. Writ application was preferred by the Petitioner primarily aimed at forcing the hands of Steel Authority of India Limited, hereinafter referred to as 'SAIL' to go for open tender in matter of award of work of 'handling and processing of slag and recovery/processing of metallic scrap from slag' instead of adopting nomination basis and award of work in favour of Ferro Scrap Nigam Limited, hereinafter referred to as 'FSNL' a Government of India Corporation set up way back in the year 1979 with the object of handling and processing of slags generated by various steel plants.
3. Since most of the units of SAIL have been assigning the work of handling and processing of slag on nomination basis by awarding the contract or responsibility upon FSNL, many private companies have been kept out of the loop. A legal battle was started trying to open up the work and give an opportunity to even private companies or contractors to handle the work in question.
4. The present petitioner is one of those persons who wants to have a share in the pie of handling of slag. The main area of thrust is focused on Bhilai Steel Plant, hereinafter referred to as 'BSP', which has been granting contract on nomination basis to FSNL instead of going for open tender.
5. The writ application was filed way back in the year 2013. This issue has been debated at various level and also reviewed by authorities such as the CVC, the Government of India as well as SAIL in relation to award of contract on nomination basis.
6. While the matter was being heard and argued in quite a detail, our attention has been drawn to the decision taken by the SAIL whereon on 13.07.2012 they decided to extend an invitation for expression of interest from reputed Indian and overseas agencies for handling and processing of slag and recovery/processing of metallic scrap from slag by using modern and latest technologies.
7. This invitation issued by the SAIL itself is an indication that SAIL as an entity has decided to go for open bidding and therefore nomination is not only a method or methodology which is being followed by the units of SAIL with regard to handling of slags and its processing.
8. The Petitioner to that extent has succeeded and we do not have to decide whether there is necessity to go for open bidding instead of nomination methodology, adopted earlier.
9. Counsel for the Petitioner has been very fair in informing us that some of the other units of SAIL like Durgapur Steel Plant and Bokaro Steel Plant, Rourkela have gone for open bidding, but so far as BSP is concerned, they continue to award the work on nomination basis to FSNL and in this regard on 02.05.2018 they have entered into a memorandum of understanding between SAIL and FSNL.
10. The writ application in the above circumstances succeeds because the Petitioner has been able to open the door for participating due to open expression of interest which is being adopted by SAIL for handling of slag.
11. The counsel for the Petitioner, however, is aggrieved by the authorities of BSP because they have not fallen in line and continue to adopt the nomination method for award of contract. His area of concern or of interest is BSP, in specific.
12. So far as BSP is concerned, we are not willing to go into the circumstances under which they have taken a decision to enter into a memorandum of understanding with FSNL, but for this Petitioner has either remedy in law or is free to approach the Cha
1. Heard the counsel for the parties.
2. Writ application was preferred by the Petitioner primarily aimed at forcing the hands of Steel Authority of India Limited, hereinafter referred to as 'SAIL' to go for open tender in matter of award of work of 'handling and processing of slag and recovery/processing of metallic scrap from slag' instead of adopting nomination basis and award of work in favour of Ferro Scrap Nigam Limited, hereinafter referred to as 'FSNL' a Government of India Corporation set up way back in the year 1979 with the object of handling and processing of slags generated by various steel plants.
3. Since most of the units of SAIL have been assigning the work of handling and processing of slag on nomination basis by awarding the contract or responsibility upon FSNL, many private companies have been kept out of the loop. A legal battle was started trying to open up the work and give an opportunity to even private companies or contractors to handle the work in question.
4. The present petitioner is one of those persons who wants to have a share in the pie of handling of slag. The main area of thrust is focused on Bhilai Steel Plant, hereinafter referred to as 'BSP', which has been granting contract on nomination basis to FSNL instead of going for open tender.
5. The writ application was filed way back in the year 2013. This issue has been debated at various level and also reviewed by authorities such as the CVC, the Government of India as well as SAIL in relation to award of contract on nomination basis.
6. While the matter was being heard and argued in quite a detail, our attention has been drawn to the decision taken by the SAIL whereon on 13.07.2012 they decided to extend an invitation for expression of interest from reputed Indian and overseas agencies for handling and processing of slag and recovery/processing of metallic scrap from slag by using modern and latest technologies.
7. This invitation issued by the SAIL itself is an indication that SAIL as an entity has decided to go for open bidding and therefore nomination is not only a method or methodology which is being followed by the units of SAIL with regard to handling of slags and its processing.
8. The Petitioner to that extent has succeeded and we do not have to decide whether there is necessity to go for open bidding instead of nomination methodology, adopted earlier.
9. Counsel for the Petitioner has been very fair in informing us that some of the other units of SAIL like Durgapur Steel Plant and Bokaro Steel Plant, Rourkela have gone for open bidding, but so far as BSP is concerned, they continue to award the work on nomination basis to FSNL and in this regard on 02.05.2018 they have entered into a memorandum of understanding between SAIL and FSNL.
10. The writ application in the above circumstances succeeds because the Petitioner has been able to open the door for participating due to open expression of interest which is being adopted by SAIL for handling of slag.
11. The counsel for the Petitioner, however, is aggrieved by the authorities of BSP because they have not fallen in line and continue to adopt the nomination method for award of contract. His area of concern or of interest is BSP, in specific.
12. So far as BSP is concerned, we are not willing to go into the circumstances under which they have taken a decision to enter into a memorandum of understanding with FSNL, but for this Petitioner has either remedy in law or is free to approach the Cha
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irman of SAIL or the Secretary, Ministry of Steel, Government of India, as the case may be, by bringing to their notice that for some reason or other, BSP is not willing to go by the directives or policy decision taken by the headquarter, who have in principle decided to go for open tender. 13. The writ application stands disposed of in terms of above as well as the opportunity so granted.