* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgments Reserved on: 08 th September, 2015 Judgments Delivered on: 13 th January, 2016

Similar documents
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INTEREST ON THE AMOUNT OF LEAVE ENCASHMENT Judgment delivered on W.P.

Whether employer /establishment can reduce the basic wages/salary for the purpose of deduction of provident

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CENTRAL EXCISE ACT, 1944 Judgment delivered on: W.P.(C) 5636/2010. versus W.P.

THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: versus SMCC CONSTRUCTION INDIA FORMERLY

IN THE HIGH COURT OF DELHI AT NEW DELHI

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: versus

THE HIGH COURT OF DELHI AT NEW DELHI

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : FINANCE ACT, 1994 Judgment delivered on: W.P.(C) 4456/2012 & C.M.No.9237/2012( for stay)

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. versus CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI

IN THE HIGH COURT OF DELHI AT NEW DELHI. Date of decision : 26 th November, THE NEW INDIA ASSURANCE CO.LTD. Through Mr.P.K.

THE HIGH COURT OF DELHI AT NEW DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + W.P. (C.) No.12711/2009. % Date of Decision : Through Mr. Rajat Gaur, Adv.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. Advocate. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT W.P.(C) 1254/2010 DATE OF DECISION :

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 09 th July, 2015 Judgment Delivered on: 01 st December, 2015

IN THE HIGH COURT OF KARNATAKA, BANGALORE PRESENT THE HON BLE MR. JUSTICE N.KUMAR AND THE HON BLE MRS.JUSTICE RATHNAKALA

* HIGH COURT OF DELHI AT NEW DELHI + RSA 221/2014 & CM APPL.13917/2014. Through: Nemo. CORAM: HON BLE MR. JUSTICE V.K. SHALI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER W.P.(C) No.1659/2013 DATE OF DECISION : 12th December, 2013

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF Versus. M/s Garg Sons International.

* THE HIGH COURT OF DELHI AT NEW DELHI. Decided on GROUP 4 SECURITAS GUARDING LTD. Versus AND. Versus

THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: THE COMMISSIONER OF INCOME TAX. - versus M/S ZORAVAR VANASPATI LIMITED

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT, 1961 Judgment delivered on: ITA No.415/ Appellant.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT: INCOME TAX MATTER. Judgment delivered on : ITR Nos. 159 to 161 /1988

THE HIGH COURT OF DELHI AT NEW DELHI

01 * IN THE HIGH COURT OF DELHI AT NEW DELHI.... Respondent Mr. A.K. Bhardwaj, Advocate.

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment Reserved On: 3 rd August, 2010 Judgment Delivered On: 6 th August, W.P.(C) NO.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : THE DELHI MUNICIPAL CORPORATION ACT, 1957 Date of decision: 31st July, 2012 LPA. No.48/2006.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. Judgment reserved on: Judgment pronounced on:

THE COMMISSIONER OF INCOME TAX DELHI IV... Appellant Through: Mr. Sanjeev Sabharwal, Advocate VERSUS

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATER. Judgment delivered on: ITA 243/2008. versus

IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI

Additional Pension on the basis of Contribution over and above Wage Limit of either Rs.5,000/- or Rs.6,500/- per Month.

versus CORAM: JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU O R D E R %

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C ) No /2009. Through: Mr. N. Safaya, Advocate. Versus. Hotel Corporation of India Ltd.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2017 VERSUS WITH CIVIL APPEAL NO.9365 OF 2017 VERSUS WITH

C.A. No. 3237/1998 & 3247/1998 (Under Art. 136 of the Constitution of India) INDIAN OIL CORPORATION LTD...APPELLANT

Commissioner of Trade Tax, U.P., Lucknow. vs. M/s Executive Engineer, Rampur. And. Trade Tax Revision Nos. 353 & 354 of 1995

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 969/2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: INTERNATIONAL ASSET RECONSTRUCTION COMPANY LTD

THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: COMMISSIONER OF INCOME TAX-IV. versus. versus. versus. versus.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER Judgment delivered on: W.P.(C) 2331/2011

ARMED FORCES TRIBUNAL, CHANDIGARH REGIONAL BENCH AT CHANDIMANDIR -.- OA 2952 of 2012

BEFORE THE FULL BENCH: ODISHA SALES TAX TRIBUNAL: CUTTACK

IN THE HIGH COURT OF DELHI AT NEW DELHI ITA 605/2012. CIT... Appellant. Through: Mr Sanjeev Rajpal, Sr. Standing Counsel. versus ORIENTAL STRUCTURAL

IN THE GAUHATI HIGH COURT

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT. Judgment delivered on : ITA Nos. 697/2007, 698/2007 & 699/2007.

NSIC ISO 9001:2008 The National Small Industries Corporation Ltd. III-B/118, Sector-18, Shopping Complex Noida

ARMED FORCES TRIBUNAL, REGIONAL BENCH, LUCKNOW. Original Application No. 221 of Tuesday, this the 23 rd day of January, 2018

ARMED FORCES TRIBUNAL, CHANDIGARH REGIONAL BENCH AT CHANDIMANDIR -.- OA 1045 of 2014

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. FAO No. 250/1987 RESERVED ON: DATE OF DECISION:

IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income-tax) (Original Side) I.T.A. No.219 of 2003

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT. Reserved on: 19th March, Date of Decision: 25th April, 2014

ITA No. 140 of had been sold on , had been handed over to him. The assessee furnished the desired information and documents, including

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPENSATION MATTER Reserved on: 21st February, 2012 Pronounced on: 2nd July, 2012 MAC.APP.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. Order Reserved on: Date of Decision: November 28, 2006

Decided on: 08 th October, 2010

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment Reserved On: 12 th November, 2010 Judgment Delivered On: 19 th November, 2010

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER W.P.(C) No.5282/2012 DATE OF DECISION : 2nd July, 2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment Reserved on: 09 th October, 2015 Judgment Delivered on: 16 th February, 2016

Indian Employees [ Judgment - 68 ] NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: 20 th January, 2010

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD. TAX APPEAL NO. 93 of 2000

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DVAT ACT, 2004 Decided on : ST.APPL. 65/2014. versus

versus CORAM: HON BLE DR. JUSTICE S. MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU

IN THE HIGH COURT OF JHARKHAND AT R A N C H I ---- Tax Appeal No. 04 of I.T.O., Ward NO.1, Ranchi. Appellant. Versus

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + W.P.(C) No.8408/2011. % C. RAJARAM, ADVOCATE & ANR...Petitioners Through: Mr. Amit Khanna, Adv.

Central Administrative Tribunal Principal Bench New Delhi. OA No.571/2017

2009 NTN (Vol. 41) - 89 [IN THE SUPREME COURT OF INDIA] Hon'ble Mr. S.H. Kapadia & Hon'ble Mr. Harjit Singh Bedi, JJ. Civil Appeal No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT, 1958 RSA No. 38/2014 & CM No.2339/2014 DATE OF DECISION : 4th February,2014

A FORTNIGHTLY VAT/GST LAW REPORTER 2003 NTN 22)-7 [ALLAHABAD HIGH COURT]

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.2530 OF Birla Institute of Technology.Appellant(s) VERSUS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 8273/2015 & CM No /2015 (for stay) versus

Group 4 Securitas Guarding Ltd. vs The Regional Provident Fund... on 30 October, 2003

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI LAND REFORMS ACT, 1954 LA. APP. 968/2010 DATE OF DECISION : 10 TH JANUARY 2013

IMPORTANT JUDGEMENTS

versus M/S GLAM X ENTERTAINMENT & ANR Through: CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI

INDIAN INSTITUTE OF TECHNOLOGY GOA At GEC Campus, Farmagudi, Ponda TENDER FOR PROVIDING SECURITY SERVICE AT IIT GOA

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX. Judgment reserved on : Judgment delivered on : ITA No.

$~R 66, 67 & 68 * IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of Decision : 15 th May, 2012.

Tender No. AYCL/ED/SWG/14-16/Security Agency dated 24/10/2014. Appointment of Security Agency at. Electrical Division (Kolkata Operation)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATTER. Date of decision : November 28, 2007 ITA 348/2007

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF 2018 SPECIAL LEAVE PETITION (CIVIL) NO.

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment Reserved on: 11 th December, 2015 Judgment Delivered on: 12 th May, 2016.

$~5-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of Decision: April 29, W.P.(C) 1535/2012. versus W.P.(C) 2348/2012.

* HIGH COURT OF DELHI AT NEW DELHI. Judgment Reserved on: 11 th November, % Judgment Pronounced on: November 29, 2010

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: ITA 232/2014 COMMISSIONER OF INCOME TAX-VI

ARMED FORCES TRIBUNAL, CHANDIGARH REGIONAL BENCH AT CHANDIMANDIR -.-

IN THE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE 4 th DAY OF FEBRUARY 2014 PRESENT THE HON BLE MR. JUSTICE DILIP B BHOSALE

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Decision: FAO(OS) 455/2012 and CM No.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Ex F.A 7/2011. Reserved on : Date of Decision :

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI RENT CONTROL ACT Date of Judgment: RC.REV. 169/2012 & CM Nos.

PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MRS.JUSTICE S.SUJATHA

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : MOTOR ACCIDENT CLAIMS TRIBUNAL Decided on: 13th February, 2015 MAC.APP. 84/2014

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2019 (Arising out of SLP (Civil) No.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF (Arising out S.L.P. (C) NO OF 2007) Versus

Transcription:

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgments Reserved on: 08 th September, 2015 Judgments Delivered on: 13 th January, 2016 + WP(C) 7094/2014 M/S WELL PROTECT MANPOWER SERVICES PRIVATE LIMITED... Petitioner versus GOVT. OF NCT OF DELHI & ORS.... Respondents Advocates who appeared in this case: For the Petitioner : Mr Raman Kapoor, Senior Advocate with Mr Tarkeshwar Nath and Mr Saurabh Kumar Tuteja. For the Respondents : Ms Aayushi Gupta for Mr Raman Duggal for GNCTD. Mr Sarwesh Kumar and Ms Sufiya Aquil for R-3. + WP(C) 7134/2014 M/S WELL PROTECT MANPOWER SERVICES PRIVATE LIMITED... Petitioner versus GOVT. OF NCT OF DELHI & ORS.... Respondents Advocates who appeared in this case: For the Petitioner : Mr Raman Kapoor, Senior Advocate with Mr Tarkeshwar Nath and Mr Saurabh Kumar Tuteja. For the Respondents : Ms Aayushi Gupta for Mr Raman Duggal for GNCTD. Mr Sarwesh Kumar and Ms Sufiya Aquil for R-3. WP(C)Nos.7094 /2014, 7134/2014, 8109/2014 & 8543/2014 Page 1 of 9

+ WP(C) 8109/2014 M/S WELL PROTECT MANPOWER SERVICES PRIVATE LIMITED... Petitioner versus NORTH DELHI MUNICIPAL CORPORATION & ANR.... Respondents Advocates who appeared in this case: For the Petitioner : Mr Raman Kapoor, Senior Advocate with Mr Tarkeshwar Nath and Mr Saurabh Kumar Tuteja. For the Respondents : Mr Parvinder Chauhan for R-1/NDMC. Mr Sudhir Nandrajog, Senior Advocate with Mr Rajesh Gogna for R-2. + WP(C) 8543/2014 GAURAV ENTERPRISES versus EAST DELHI MUNICIPAL CORPORATION & ANR. Advocates who appeared in this case:... Petitioner... Respondents For the Petitioner : Mr Raman Kapoor, Senior Advocate with Mr Tarkeshwar Nath and Mr Saurabh Kumar Tuteja. For the Respondents : Mr Pravesh Thakur for R-1. CORAM:- HON BLE MR JUSTICE BADAR DURREZ AHMED HON BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT WP(C)Nos.7094 /2014, 7134/2014, 8109/2014 & 8543/2014 Page 2 of 9

SANJEEV SACHDEVA, J WP(C) 7094/2014 & CM No.16635/2014, WP(C)7134/2014 & CM No.16815/2014, WP(C) 8109/2014 & CM No.18909/2014 & WP(C) 8543/2014 & CM Nos.19718/2014, 7731/2015 1. Since all these petitions involve common questions of fact and law, the same are being taken up together. All the petitioners in the respective petitions seek quashing of the award of contract to respondent No.3 by respondent Nos.1 & 2 in the respective petitions. 2. All the four tenders, which are the subject matter of the four petitions, pertained to provisions of security services. In W.P.(C) No.7094/2014, the respondent No.1 had invited tenders for providing security services and the last date for submission of the bids in the said NIT was 17.02.2014. In W.P.(C) No.7134/2014, the last date for submission of the bids was 14.02.2014. In W.P.(C) No.8109/2014, the last date for submission of the bids was 06.06.2014 and in W.P.(C) 8543/2014, the last date for submission of the bids was 20.08.2014. 3. As per the respective NITs, the bidders were to abide by and comply with all relevant laws and statutory requirements under various laws. The issue, in the present case, revolves around the contribution of the employer to the Employee Provident Fund (EPF). 4. The contention of the petitioner is that the rate to be quoted by a bidder had to conform to the statutory minimum wage along with various WP(C)Nos.7094 /2014, 7134/2014, 8109/2014 & 8543/2014 Page 3 of 9

other statutory contributions payable to the employee and the bid of any bidder quoting a rate below the minimum wage or the statutory contribution was a non-responsive bid and was liable to be rejected. Reliance is placed on clause 7.1 of section 4 which reads as under: 7. WAGE DISBURSAL-- 7.1 The Contractor shall pay to the Personnel deployed at such rates which should not be less than the minimum prescribed rate plus admissible EPF, ESI, Bonus etc. calculated at prevailing rates as per rules" 5. The crux of the present matters concerns the EPF contribution, which admittedly is at the rate of 13.61%. The contention of the petitioner is that the EPF contribution should be 13.61% of the minimum wage, which admittedly was Rs 8086.00, and the bid of any party quoting a rate showing EPF contribution at below 13.61% of Rs 8086.00 was a non-responsive bid and was liable to be rejected. It is contended that the respondent No.3 had quoted a rate showing EPF contribution at the rate of 13.61% of Rs 6500/- which was below the minimum wage of Rs 8086.00 and as such, its bid was non-responsive and was liable to be rejected. 6. Reliance is placed on the decision of the Division Bench of this Court in MIT2C Security and Facilities Private Limited versus Government of NCT & Others : as under:- 2013(205) DLT 288, wherein this Court in para 22 held 22. It is evident that the statutory minimum wages notified for the class of employment concededly is Rs.8008 per WP(C)Nos.7094 /2014, 7134/2014, 8109/2014 & 8543/2014 Page 4 of 9

month. The arguments of the respondents about the EPF benefits payable only to the extent of Rs.6500/- is because there has been no amendment in the provisions of the Employees Provident Fund Act. The argument of the respondents, in this Court's opinion is unacceptable, to put it mildly. The compulsion to pay at least the minimum wage fixed statutorily is absolute. In other words, no employer can say that he will not pay such minimum wages. If he does pay anything less, it is under pain of prosecution, because doing so would be committing an offence. In fact, a person who is asked to accept wages at less than the notified rates is considered in law and under the Constitution to be working as "forced labour" (ref. State of Rajasthan v Sanjit Roy AIR 1983 SC W.P.(C) 4056/2013 Page 20 328, "4...where a person provides labour or service to another for remuneration which is less than the minimum wage, the labour or service provided by him clearly falls within the scope and ambit of the words 'forced labour' under Article 23"). In these circumstances, for the state to countenance an argument that amounts towards provident fund contributions in excess of Rs.6500/- may not be paid, despite no employer being able to actually employ anyone for less than Rs.8008/-, is indefensible. That the state becomes a party to such complicity in accepting a contract for service in relation to maintenance or security of public buildings, compounds the transgression manifold. It is, therefore, held that the rates which could properly have been considered towards contribution of PF benefits would be 13.61% of Rs.8008/-, i.e Rs.1092.29/- per month, and not Rs.885/- per month. The state, therefore, in effect became a party to a patently unfair labour practice, in accepting the bids which proposed to pay lower than the permissible rates as contribution to Provident Fund and Pension schemes. WP(C)Nos.7094 /2014, 7134/2014, 8109/2014 & 8543/2014 Page 5 of 9

7. The learned counsel for the respondent, per contra, contended that in terms of para 26 of the Employees Provident Funds Scheme, 1952, as on the bid submission date, the statutory limit prescribed was Rs 6500 per month and as such, the EPF benefit available to the employee could only be to the extent of Rs 6500/- and the employers contribution could not be in excess of an amount based on the statutory limit of Rs 6500/-. We may note that the said limit of Rs 6,500/- has now been increased to Rs 15,000/- by GSR 608(e) dated 20.08.2014 (with effect from 01.09.2014). This increase in limit does not affect any of the four cases as in all these cases, the last date for submission of the bid was prior to 01.09.2014. 8. The learned counsel for the respondent relied on the decision of the Supreme Court in the case of Marathwada Gramin Bank Karamchari Sanghatana versus Marathwade Gramin Bank : (2011) 9 SCC 620, and more particularly on paragraph 28, which reads as under:- 28. The respondent Bank is under an obligation to pay provident fund to its employees in accordance with the provisions of the statutory scheme. The respondent Bank cannot be compelled to pay the amount in excess of its statutory liability for all times to come just because the respondent Bank formed its own trust and started paying provident fund in excess of its statutory liability for some time. The appellants are certainly entitled to provident fund according to statutory liability of the respondent Bank. The respondent Bank never discontinued its contribution towards provident fund according to the provisions of the statutory scheme. WP(C)Nos.7094 /2014, 7134/2014, 8109/2014 & 8543/2014 Page 6 of 9

9. Further it is contended that consequent to the said judgment of the Supreme Court, the Employee Fund Organization, Ministry of Labour and Employment, Government of India, has issued a circular dated 27.05.2014 to all Additional Central Provident Fund Commissioners (Zones) directing them not to force employers to contribute over and above the statutory wage ceiling in respect of their employees. It is contended that the said decision of the Supreme Court in Marathwada Gramin Bank Karamchari Sanghatana (supra) was not brought to the notice of the Division Bench in MIT2C Security and Facilities Private Limited (supra). 10. We find force in the submission made by learned counsel for the respondent that where the statute provides the statutory limit beyond which an employer cannot be forced to contribute to the provident fund, the bid of the employer quoting a rate complying with the statutory requirement cannot be thus held to be non-responsive. It is one thing to state that in the tender condition, the tender inviting authority may prescribe a condition that the employer has to quote a rate quoting EPF contribution equivalent to the minimum wage and another thing to state that an employer has to conform to the statutory requirement of law. Where the tender envisages compliance of the laws, then an employer quoting a rate that satisfies the statutory requirement cannot be said to have submitted a bid that is non-responsive. 11. Even the Supreme Court in Marathwada Gramin Bank Karamchari Sanghatana (supra) has held that it is under an obligation to pay provident fund to its employees in accordance with the provisions of the statutory WP(C)Nos.7094 /2014, 7134/2014, 8109/2014 & 8543/2014 Page 7 of 9

scheme. The employer cannot be compelled to pay the amount in excess of its statutory liability. The employees are certainly entitled to provident fund according to statutory liability of the employer. Even the Employee Fund Organization, Ministry of Labour and Employment, Government of India, has in compliance with the said judgment issued a circular dated 27.05.2014 to all Additional Central Provident Fund Commissioners (Zones) directing them not to force employers to contribute over and above the statutory wage ceiling in respect of their employees. We may also note that the judgment of the Supreme Court in Marathwada Gramin Bank Karamchari Sanghatana (supra) had not been brought to the notice of the Division Bench in MIT2C Security and Facilities Private Limited (supra). 12. When the statutory scheme provided that the employer has to contribute its share calculated on the basis of Rs. 6,500/-, the employer cannot be said to be in default if he complied with the statutory requirement. Even when the minimum wage was enhanced, the said statutory limit was not revised correspondingly and continued at Rs. 6500/- the necessary corollary of it is that where employers contributed their share on the basis of the statutory limit of Rs. 6,500/-, the employer would be in compliance with the law. When the employer is in compliance with the law, the bid submitted by it cannot be said to be non responsive. 13. In these circumstances, we feel that the view taken by a Coordinate Bench of this Court in MIT2C Security and Facilities Private Limited (supra) needs to be considered by a larger bench. Accordingly, we refer the WP(C)Nos.7094 /2014, 7134/2014, 8109/2014 & 8543/2014 Page 8 of 9

question Whether an employer quoting a rate inclusive of provident fund contribution that complies with the statutory requirement but is not based on the minimum wage can be said to have submitted a bid that is nonresponsive? for consideration by a full bench of this Court. 14. These matters be placed before Hon ble the Chief Justice for constitution of a Full Bench for answering the question as stated above. SANJEEV SACHDEVA, J. January 13, 2016 sn BADAR DURREZ AHMED, J. WP(C)Nos.7094 /2014, 7134/2014, 8109/2014 & 8543/2014 Page 9 of 9