Judgment

SHAH, J.: The Government of India invited tenders for reinforced concrete work relating to the foundation and super-structure of the Fertilizer Factory building at Sindri in the State of Bihar. The tender submitted by the appellant Company was accepted on November 22, 1947 and a formal contract in that behalf was executed on November 26, 1948. By cl. 12 of the contract, insofar as it is relevant, it was provided:

The Engineer-in-charge shall have power to make any alterations in, omissions from, additions to, or substitutions for, the original specifications, drawings, designs and instructions, xxx, and the contractor shall be bound to carry out the work in accordance with any instructions which may be given to him xxx; and any altered, additional or substituted work which the contractor may be directed to do in the manner above specified as part of the work shall be carried out by the contractor on the same conditions in all respects on which he agreed to do the main work, and at the same rates as are specified in that tender for the main work, xxx And if the altered, additional or substituted work includes any class of work, for which no rate is specified in this cont