MISRA, C. J.

( 1 ) OPPOSITE party No. 2, Indian Rare Earths Limited, is a 'government company' with its registered office at Bombay in which all the shares are held by the Government of India. The Orissa Sands Complex (opposite party No. 3) (hereinafter referred to as 'oscom') is a project under the said Company operating at Chatrapur within the territorial jurisdiction of this Court, which is engaged in manufacture of radio-active sand and Thorium in terms of the provisions of the Atomic Energy Act, 1962. By notice (Annexure 1) tenders were invited from competent contractors for execution of certain electrical work for OSCOM against specification No. OSCOM/e-25, the estimated cost of the work being Rs. 2,50,900. In paragraph 2 of the notice of invitation, it was stipulated:--

"no tender will be received after 2. 30 P. M. on 23-5-1979 under any circumstances whatsoever. "

and tenders were to be opened at 3 P. M. that day. The tender notice contained the usual clause that without assignment of any reason, right to reject the lowest or any tender was reserved by the employer. Petitioner who claims to be a qualified electrical engineer and carries on business as a contractor submitted