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KAUSHIK GOSWAMI
Sun Security Services – Appellant
Versus
Union of India, Represented by the Secretary to the Ministry of Railways, New Delhi – Respondent
JUDGMENT :
Heard Mr. D.P. Borah, learned counsel for the petitioner. Also heard Mr. A. Barkataki, learned Standing Counsel for the Railway.
2. By filing this petition under Article 226 of the Constitution of India, the petitioner is challenging inter-alia, the letter dated 04.05.2016 issued by the Senior Coaching Deport Officer, whereby the work of “Pad locking of coaches at Guwahati and Kamakhya station, stick line Guwahati & Kamakhya, pit line Guwhati, New Guwahati and Kamakhya for a period of 2 years” has been rescined.
3. The case of the petitioner is that the petitioner was allotted the work of Pad locking of coaches at Guwahati and Kamakhya station, vide contract agreement dated 25.09.2014 for a period from 26.05.2014 to 24.05.2016. Accordingly, the petitioner commenced the subject work. However, later on, the said work was terminated for which, the present writ petition has been filed.
4. Mr. D. P. Borah, learned counsel for the petitioner submits that the work has been terminated without issuing the 7 days notice as required under the provisions of the subject contract. He accordingly submits that the termination order is in gross-contravention of the provisions of the natu
The main legal point established is that termination of a contract must adhere to the contractual provisions and the principle of natural justice. Additionally, the availability of alternative remedi....
The court established that termination of a contract must comply with natural justice principles, requiring adequate reasoning and opportunity for the affected party to respond.
Writ under Article 226 not maintainable for contractual termination disputes involving factual questions when arbitration clause exists, natural justice not violated, and no public law issue raised.
The main legal point established in the judgment is the importance of abiding by the dispute resolution mechanism provided in the Agreement for resolving disputes arising from the contract. The Court....
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