Union Of India vs Rail Tech Infraventure Pvt Ltd on 31 May, 2022
20. The letter clearly finds mention that the contract has been
rescinded under clause 62 of GCC, wherein, issuance of 07
days notice followed by 48 hours notice are obligated and there
is no legal escape to this procedure but the petitioner never
issued the said notices. The Tribunal in the impugned award has
noted that the contract was terminated well over 93% of the
work has been completed. It has considered the letter of the
petitioner dated 08.08.2018 that no contract was terminated in
the Engineering Branch of Bikaner Division in the last three
years where 92% or more of the work was completed nor in any
case, in the last three years, extension was granted with penalty
in cases where financial progress was 90% or more. The
Tribunal has also noted that the contract was terminated under
clause 62 of GCC without notices as mandated under the
clause. In the impugned award, the Tribunal has assigned the
reason why the contract termination was not in order
particularly when financial progress was more than 92% and
physical progress was more than 93%. In the light of the
reasons stated above, I do not find force in the contention of the
petitioner that requirement of notice was not applicable or
relevant in the present case. When the rescind letter itself finds
OMP Comm No. 06/21 Union of India Vs. Rail Tech Infraventure Pvt Ltd Page No.17 of 26
mention that the work has been rescinded under clause 62 of
GCC, which mandates issue of the notices. I fail to understand
on what basis, the petitioner has alleged that there was no
requirement of notice.