Employer is the main
cause of delay and slow progress of work. Still the
Employer served a show-cause notice dated 26.09.2012
for termination ... mentioned that since PCL has
already been issued notice for slow progress of works no
O.M.P. (COMM) 66/2017 Page 24
steps necessary
months after Award of work, the progress of work by
respondent No.1 was only 25.77%. The progress was slow due to
inadequate deployment ... short), delayed the Project
and the fault for slow progress of work was attributable to the
petitioner / RITES. This issue was decided in favour
which the Company expressed concern over the slow progress of work. The
Contractor was asked to augment its resources and complete the work ... both parties, the Company
expressed concern over the consistently slow progress of work. Specific
O.M.P (I) (COMM.) No. 88/2020 Page
Sneh to carry on the
construction work with due diligence, that is, late commencement of
work, slow progress, sub-standard work, non adherence to agreed
impugned results in remanding wrong doing and the slow
progress of work from the beginning of the contract, as is the admitted
position. The learned ... learned Arbitrator has failed to appreciate that apart from the
slow progress of work, the financial condition of the respondent was also
precarious and that
work. He holds that the letters issued by the respondent, and
relied upon by them, to claim that the progress of the work was slow ... Agreement (C-46) thereby
complaining that there was slow progress of the work without any
reason. On 7.12.1984 (C-47), the petitioner sent its reply
regard to the Respondent not having
achieved the targets and slow progress of work were denied. In fact,
Respondent, to the contrary had achieved completion ... ahead of the Schedule for Completion and thus allegations of slow
progress of work or late deployment of machinery, lost relevance.
33. Respondent further argued
performer considering the poor performance
of the Claimant and slow progress of work. The Tribunal
observed that considering the ground realities of non-
availability ... realizing that the
Claimant was not at all responsible for slow progress of
work, had recommended to the competent authority of the
Respondent to exclude
contractor as under:
"The work was inspected on 9.12.02. The progress of
work is very slow. Cement is not available in the store.
There ... been spent up but the progress of work is
only 25%. The progress of work is very slow, while
there is no hindrance on department
large number of letters to submit that the
progress of work was very slow. Finally, the contract was terminated on 4th
April, 2005. By then ... completed by you even in the
extended time period. The slow progress of work at site
has been intimated to you time to time vide
