TULSHI KUMAR DUTTA Vs. COAL INDIA LTD

JUDGEMENT

(1.) The petitioner is a contractor of North Eastern Coal Fields of Coal India Limited for loading and unloading of coal-in the Railway Wagons. The tender was issued on 2.7.92 by the Respondent calling contractors interested in loading and unloading of coal belonging to Coal India into the Railway Wagons. Clause 14(a) of the tender notice dated 2.7.92 reads as follows :

(2.) Terms of the said clause (1) was vehemently objected to by the Contractor. The contractor specifically by letter dated 25th January/95 stated that such a clause shall not be acceptable to them for reasons laid down in the said letter. The letter dated 29th January/95 reads as follows :

(3.) According to the petitioner the said letter was accepted by the Coal India whenever raised any objection to stipulations and the terms set out in the said letter and continue to employ the petitioners as leader. Impliedly or by conduct of the Coal India accepted the terms set out clearly in the letter dated 29th October 1992 without further insisting or resorting to the Clause (A) of the letter dated 14th October, 1992. As such the said term in Clause (1) should be treated as deleted which was, in fact, never a term of the agreement between tine parties.