DALAL SECURITY Vs. GAIL (INDIA) LIMITED

JUDGEMENT

(1.) HEARD .

(2.) THIS petition has been filed against the letter (Annexure P/1) dated 13/9/2010 terminating the contract of the petitioner.

(3.) PETITIONER was awarded a contract of providing security services which was terminated vide Annexure P/1. There are two clauses for termination of contract as per the terms and conditions of the contract. Copy of the contract has been filed alongwith the petition. Clauses 19 and 20 (a and b) of the same reads as under: - 19. In case any default for more than three days in respect of rendering the desired services, Management shall be at liberty to arrange services from other sources at the risk and cost to of the contractor or terminate the contract and forfeit his security deposit etc. Note - Any deductions made by the contractor from the guards salary will be in as per the existing labour law rules/statutory rules after proper investigation and the report to be submitted of EIC. 20.a) The company for reason whatsoever and of which the company shall be the sole judge may terminate this contract by giving notice of 30 days and the contractor and his staff shall vacate the site/work place on the expiry of such notice period. b) In the event of such termination of the contract, the contractor shall be paid for all the work executed up to the period of termination including refund of security deposit, subject to deduction of any dues, penalties, other recoveries etc., within a period of three months at the discretion of Security In Charge. ''