COAL INDIA LTD Vs. TULASHI KUMAR DUTTA

JUDGEMENT

(1.) Tulshi Kumar Dutta, the respondent herein, was the petitioner in Civil Rule No. 2346 of 1995, presented before this Court seeking certain relief, for the grounds taken therein. The matter arose out of a contract between the petitioner and the appellants 1 to 4, based upon a tender called for by the appellants seeking to entrust the work of loading and unloading of coal belonging to Coal India Ltd., into the Railway wagons. Clause 14(a) of the tender notice dated 2.7.92, reads as follows :

(2.) The respondent offered to comply with the conditions of the tender and to execute the work subject to certain conditions. Though at the initial stage the contractor offered Rs. 13.85 P. as loading charges per Metric Tonne, on negotiation between the two parties, an agreement was reached to pay Rs. 11.50 per Metric Tonne. Accordingly, the respondent pursuant to the said contract began the work of loading and unloading of coal. The appellants at the time of preparing and making payment of bills of the work done by the contractor, action was taken to deduct Rs. 3.10 P. per M.T. out of the said amount stating that there was an understanding between the two parties to deduct this sum of Rs. 3.10 P. per M.T. on account of overloading or underloading of coal. the respondent made a representation not to do so. He has pointed out that he was agreeable to the deduction of Rs. 3.10 per M.T. only in case the appellants were to certify in a given case that there was overloading or underloading of the coal, in which even the appellants will be entitled to do so.

(3.) However, the matter came up for consideration before the tender committee on 14.7.93 (as per Annexure-B to the counter affidavit filed on behalf of the appellants/ respondents in the Civil Rule). On reconsideration of the entire matter, the following decisions were reached by the Committee of five experts. It reads :-