GANGA SINGH THAKUR Vs. STATE OF C.G

JUDGEMENT

(1.) THIS revision under Section 19 of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 (for short "the Adhiniyam, 1983") has been directed against the award dated 11-1-2007 passed in reference petition No. 14/2005 by the Chhattisgarh Madhyastham Adhikaran, Raipur (for short "the Adhikaran") whereby the reference filed by the applicant has been dismissed.

(2.) BRIEFLY stated facts of the case are that the applicant, who is a registered contractor and undertakes execution of civil engineering work entered into an agreement bearing No. 19DL of 1978-79 with Respondent State Authorities for construction of aqua-duct at Change 330 of Bhatapara Branch Canal. The estimated value of the work was Rs. 7,28,000/-. Work order was issued by the Executive Engineer, Lower Mahanadi Division on 19-1-1979 with a limitation for completion of the work up to 18-2-1980. Applicant started his work and agreed to accept payment of running bills. After measurement of work done by the applicant first running bill for Rs. 66,779=95 has been paid to the applicant on 31-3-1979. Applicant's allegation is that, though his work was recorded in measurement book, but subsequently no amount after verification has been paid to him. Applicant has no option, but to stop his work which he did and asked the authorities to fulfill reciprocal obligation of making payment, but no steps have been taken by the Department. On the other hand, Respondents repudiated the contract and communicated him vide letter dated 31-3-1980.

(3.) ADHIKARAN considered the reference on limitation, maintainability and also on the merit. ADHIKARAN held that the reference is barred by time and in view of the findings recorded by the District Judge, Raipur the reference not maintainable. Further on merit after appreciating the evidence adduced by the parties held that no justifiable ground was made out to the Petitioner to stop the work and, therefore, his contract was rightly rescinded by the Executive Engineer. His claims for additional payment is also not made out in view of poor workmanship and slow progress of the work, therefore, the authorities had rightly prepared a final bill, based on detailed measurement duly checked by the Sub Divisional Officer as well as by the Executive Engineer, which worked out in minus amount of Rs. 76,956=20, accordingly, the reference has been dismissed by the ADHIKARAN.