Case Note & Summary
The petitioners, six catering service providers (Annapurna Caterers, Saraswati Caterers, Sai Bhojanalaya, Gajanan Bhojanalaya, Om Sai Bhojanalaya, and Santosh Pandurang Rasal) through their proprietors, all belonging to the Scheduled Caste category, filed a writ petition before the Bombay High Court at Aurangabad. They challenged the discriminatory practice of the State of Maharashtra in fixing different rates for catering services compared to food manufacturing and supply services under Government Resolutions dated 10.09.2018 and 21.10.2021. The petitioners had been providing catering services to government hostels and institutions under the Social Welfare Department. Despite repeated representations from 2016 onwards, the respondents failed to grant them the same rates as those given to Bahujan food manufacturers and suppliers. The petitioners sought a writ of mandamus directing the respondents to grant benefits under the said GRs, to decide their representations, and to declare the differential rates as violative of Article 14. The court, after hearing arguments from Senior Advocate V.D. Sapkal for the petitioners and AGP S.G. Karlekar for the State, held that the classification between caterers and food manufacturers/suppliers was arbitrary and without any intelligible differentia. The court noted that both categories perform similar work of providing food, and the State failed to justify the differential treatment. Consequently, the court allowed the petition, directing the respondents to extend the same rates to the petitioners as are applicable to food manufacturers and suppliers, and to decide the pending representations within a stipulated time. The judgment was pronounced on 25th October 2023 by a division bench comprising Justice Ravindra V. Ghuge and Justice Y.G. Khobragade.
Headnote
A) Constitutional Law - Right to Equality - Article 14 of the Constitution of India - Discrimination in Government Contracts - The petitioners, catering service providers belonging to Scheduled Caste, challenged the differential rates fixed by the State for catering services versus food manufacturing/supply services under GRs dated 10.09.2018 and 21.10.2021. The court held that the classification between caterers and food manufacturers/suppliers is not based on any intelligible differentia and is arbitrary, violating Article 14. The court directed the State to extend the same rates to caterers as are applicable to food manufacturers/suppliers. (Paras 1-15) B) Administrative Law - Government Resolutions - Interpretation - GRs dated 10.09.2018 and 21.10.2021 - The court examined the GRs and found that the rates for catering services were lower than those for food manufacturing/supply, despite both involving similar work of providing food. The court held that the State failed to provide any rational basis for the distinction, and thus the discrimination was unconstitutional. (Paras 5-12) C) Service Law - Contractors - Equal Pay for Equal Work - The principle of equal pay for equal work was applied to government contractors. The court observed that catering contractors perform similar functions as food manufacturers/suppliers and are entitled to equal rates. The court directed the respondents to grant the benefits of the GRs to the petitioners at par with food manufacturers/suppliers. (Paras 13-15)
Issue of Consideration
Whether the differential rates prescribed for catering services as compared to food manufacturing/supply services under Government Resolutions dated 10.09.2018 and 21.10.2021 are discriminatory and violative of Article 14 of the Constitution of India.
Final Decision
The court allowed the writ petition, directing the respondents to grant the benefits of GRs dated 10.09.2018 and 21.10.2021 to the petitioners at par with food manufacturers and suppliers, and to decide the pending representations within a stipulated time.
Law Points
- Right to equality under Article 14
- Discrimination in government contracts
- Reasonable classification
- Government Resolutions dated 10.09.2018 and 21.10.2021
- Scheduled Caste contractors
- Catering services
- Food manufacturers and suppliers
