HAMIDA KHATOON Vs. UNION OF INDIA

JUDGEMENT

(1.) IN all these writ petitions similar questions of law and facts are involved, therefore, they are disposed of by this common order.

(2.) FOR the convenient disposal of these cases the facts of the D. B. civil writ petition No. 1640 of 1987 Hamida Khatoon vs. Union of India & others are taken in to consideration.

(3.) IN order to appreciate the contentions of both the learned counsel, it would be relevant to refer to the regulation and terms of the agreement which have a bearing on the subject. First of all reference in this connection may be made to Regulations 716, 731, 733 and 734. The aforesaid regulations read as under:- "716. Tenure of Contracts-All catering and vending contracts are to be awarded for a period of three years only and are terminable on one month's notice from either party without assigning any reason. It should however, be provided that contracts are liable to be summarily terminated in the event of a breach of the conditions of the contract including unsatisfactory service, sub-letting or any other improper act, and the security deposit shall be forfeited to the Railway Administration and the contractor shall have no claim whatsoever against the Railway Administration or any of its officials in consequence of such termination of the contract. The Chief Commercial Superintendent will be the authority to take the decision whether a particular contract should be terminated. After the expiry of the three year's tenure, Railway Administrations may at their discretion consider the renewal of a contract if the service is satisfactory and the contractor is willing to abide by the revised conditions, if any, of the contract. " "731. Prompt and vigorous action to improve service - Cases of unsatisfactory service must be viewed seriously and adequate action taken promptly against the contractor responsible. When a contractor is given a final warning, it should also contain a notice that in the event of the desired improvement not being effected within a stipulated period, the contract would be terminated. " "733. IN the event of termination of contract/contracts of a contractor for grave reasons on one Railway, he should not be re-appointed anywhere else on any other Railway. If any employees of a contractor are like wine dismissed for good and sufficient reasons, they should be debarred from appointment by any other contractor on any Railway. " "734. Every contractor should execute an agreement with the Railway in the standard form prescribed for the purpose. "