M/S VEENA TRANSPORT COMPANY THROU ITS PROPRIETOR Vs. FOOD CORPORATION OF INDIA THROU ITS CHAIRMAN N. DELHI AND ORS.

JUDGEMENT

(1.) M/s Veena Transport Company, a proprietorship firm, engaged in the business of handling and transport, has filed the instant writ petition against the order dated 8.7.2015 passed by the Appellate Authority (Grievance Redressal Committee) whereby the appeal of the petitioner has been rejected. The petitioner has also assailed the order dated 2.4.2014 passed by the Area Manager, Food Corporation of India, Faizabad whereby the representation of the petitioner has been rejected.

(2.) According to learned Counsel for the petitioner, M/s Veena Transport Company was awarded the contract for appointment of handling and transport contractors at Railhead, Faizabad at the offered tender rate of 145% ASOR ( Above Schedule of Rate) vide letter dated 28.12.2011. The said contract was for a period of two years. The job of the petitioner as a contractor was that he would unload the material/goods from the waggons of railway sheds to the go-down of the Food Corporation of India. It is said that despite the specific conditions of penalty by the railway department, the opposite parties have failed to provide adequate labour at their go-downs as a result of which the trucks at their depot could not be unloaded timely rather they took around 3-4 days to unload the vehicle which resulted in heavy demurrage and warfage.

(3.) Elaborating his submission, learned Counsel for the petitioner submitted that due to fault of opposite parties heavy warfage and demurrage was imposed upon the petitioner, which action was assailed in Writ Petition No. 95210 (MB) of 2013. The said writ petition was dismissed on 4.4.2014 on the ground of alternative remedy before the Dispute Redressal Committee. Later on, the representation of the petitioner was rejected by the Area Manager vide order dated 2.4.2014 and appeal was also dismissed vide order dated 8.7.2015.