Patna High Court
M/s Urmila International Services Private LimitedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The writ petition is dismissed as infructuous and the reliefs sought are not entertained.
Summary
M/s Urmila International Services Pvt Ltd filed a writ petition challenging the issuance of Tender No. BSEDC/05/23/2025-26 for staffing and payroll management of 20,000 workers, alleging violations of mandatory labour law provisions such as gratuity under the Code on Social Security, 2020 and bonus under the Code on Wages, 2019, as well as non‑compliance with prescribed service‑charge rates and technical eligibility criteria. The petitioner sought quashing of the tender and its corrigendum, a declaration of arbitrariness, and an interim stay of the tender process. The Court observed that the petition had become infructuous during the interim period and therefore dismissed the reliefs sought. Consequently, the writ petition was disposed of without addressing the substantive allegations.
Issues considered
- Whether Tender No. BSEDC/05/23/2025-26 violates the gratuity provision under Section 53 of the Code on Social Security, 2020.
- Whether the tender contravenes the bonus provision under Section 26 of the Code on Wages, 2019.
- Whether the tender fails to adhere to the mandated minimum service‑charge of 3.85% as per the relevant government Sankalp and Finance Ministry circulars.
- Whether the technical eligibility criteria were arbitrarily altered in the second corrigendum, rendering the tender process unfair and irrational.
Legislation cited
- Code on Social Security, 2020 — s. 53
- Code on Wages, 2019 — s. 26
Subjects
- tender
- public procurement
- labour law
- gratuity
- bonus
- service charge
- technical eligibility
- arbitrariness
- writ petition
- quashing tender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3850 of 2026
======================================================
M/s Urmila International Services Private Limited 1st Floor, New Incubation
Building, Software Parks of India, P.S.- Rajeev Nagar, P.O.- Patliputra
Colony, Patna- 800013, Bihar, through its Authorised Representative Mr. Jay
Krishan Singh, Male, Aged about 50 Years, S/o Late Arjun Singh, Address-
Road No.-10, Rajendra Nagar, P.S.- Kadam Kuan, P.O.-Rajendra Nagar,
Patna- 800016, Bihar.
... ... Petitioner
Versus
1. The State of Bihar Represented through Its Principal Secretary, Department
of Information and Technology.
2. Principal Secretary, Department of Information and Technology, Secretariat,
Patna, Bihar- 800015.
3. Bihar State Development Electronics Corporation Limited, through Its
Managing Director, Beltron Bhawan, Shastri Nagar, Patna.
4. The Managing Director, M/s Bihar State Electronics Development
Corporation Limited, Having Its Office at Beltron Bhavan, Shastri Nagar,
Patna- 800023.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Lalit Kishore, Sr. Advocate
Mr. Deo Prakash Singh, Advocate
Ms. Nishu Kumari, Advocate
For the State : Mr. Additional Advocate General (3)
Mr. Saraj Kumar Sharma, AC to AAG-3
For the Beltron : Mr. Girijish Kumar, Advocate
Mr. Akash Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)
3 18-04-2026 Heard Shri Lalit Kishore, the learned senior
counsel for the petitioner, Shri Saraj Kumar Sharma, the learned
counsel for the State and Shri Girijish Kumar, the learned
counsel for Beltron.
2. The present writ petition has been filed seeking
the following reliefs:
Patna High Court CWJC No.3850 of 2026(3) dt.18-04-2026
2/4
“(i) For quashing the tender no.
BSEDC/05/23/2025-26 published on 03.02.2026
through dedicated tender portal
https://eproc2.bihar.gov.in for Selection of
Manpower Agency for Staffing and Payroll
Management, for outsourcing of 20,000 manpower
for being violative of the mandatory statutory
provisions of labour law and the minimum service
charge sankalp no-एम-4-06/2023 2988/वव0, Patna,
dated 23/03/2023 enunciated as under:
(A) For deliberately ignoring and departing
from the mandatory gratuity provision u/s 53 of the
Code on Social Security, 2020 as inconsistently
mentioned under clause 7.3 (C) (i) under the
heading of Payroll Management of RFP leading to
gross deprivation of the 20,000 purported
outsourced employees from the coverage there
under and jeopardizing the prospective
participants of the unfathomable liability.
(B) For deliberately ignoring and departing
from the mandatory provision of Bonus prescribed
u/s 26 of the Code On Wages, 2019.
(C) For ignoring and departing from
sankalp no-एम-4-06/2023 2988/वव0, Patna, dated
23/03/2023 under clause 4 (i) which prescribes
minimum service charge of 3.85% of the services
issued in consonance with Office Memorandum no-
F.6/1/2023-PPD, dated 06/01/2023 by Ministry of
Finance, Govt. of India as mandated under clause
6.1.4 of RFP stating in conflict with the Sankalp of
Govt. Of Bihar as well as the circular of Ministry
of Finance, Govt. Of Bihar.
(D) For ignoring and departing from the
inherent CVC circular no- 12-02-1-СТЕ-6, dated
17/12/2002 prescribing guiding minimum technical
eligibility criteria which has been explicitly
compromised for a favoured private participant,
Patna High Court CWJC No.3850 of 2026(3) dt.18-04-2026
3/4
(ii) For issuance of appropriate writ to
quash the second corrigendum dated 05/03/2026
where under and whereby the respondents
arbitrarily compromised the technical eligibility
criteria mandatory under clause 6.2.1 (6) from
10000 manpower experience to 3000 manpower
providing services on a monthly average basis,
apparently to suit and tailor made for a favoured
private party with respect to tender no-
BSEDC/05/23/2025-26, dated 03/02/2026 for
Selection of Manpower Agency for Staffing and
Payroll Management to the tune of 20000
purported manpower mentioned under clause 7.1
of the tender document, manifestly against the
principles of fairness and rationality of the State
authorities in tender matters.
(iii) That for holding a declaration that the
issuance of tender notification apparently infested
with irregularities, infirmities, non-conformities
and violative of mandatory provisions of labour
law causing deprivation from guarantee of the
social security and fair wages to the huge number
of employees is manifestly arbitrary, unfair and
non-est the provisions of law.
(iv) For the interim stay of the process of the
tender notice no -BSEDC/05/23/2025-26, dated
03/02/2026 with immediate effect for being
impregnated with several infirmities, irregularities,
violations and illegalities with immediate effect in
the absence of which this tender notice shall cause
severe prejudices not only to the participants but
the huge outsourced manpower.”
3. At the outset, the learned senior counsel for the
petitioner submits that as far as the aforesaid reliefs are
concerned, the present writ petition has been rendered
infructuous during the interregnum period, hence the present
Patna High Court CWJC No.3850 of 2026(3) dt.18-04-2026
4/4
writ petition may be disposed of.
4. Accordingly, the present writ petition stands
disposed of.
(Mohit Kumar Shah, J)
(Arun Kumar Jha, J)
Shahnawaz/-
U
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