1. Heard learned counsel for the parties.

2. Both the appeals have been tagged together and are being heard analogously as they involve the same issue and arise out of the judgments of learned single Judge passed on the same date 22nd April, 2014 in two writ - petitions W.P.(C) No.6213/2011 and W.P.(C) No.6255/2011 of the same writ - petitioner. The dates of tender notices were also same. Facts of both the writ petitions are common, but for convenience sake, relevant material facts as borne from the writ petition W.P.(C) No.6213/2011 are being noticed hereunder.

3. The legal issue posed for answer in both the appeals is whether the action of the employer / respondent - Steel Authority of India Limited / appellants herein in forfeiting the earnest money of the petitioner was proper in the eyes of law or not. Learned Single Judge was of the view that since the petitioner withdrew his bid offer after expiry of 90 days i.e. the validity period tender as per Clause - 5 of the tender notice, as the respondents were at fault in not issuing the work order within the stipulated period, there was no question of application of penalty clause for forfeiting the petitioner's earnest money. The ba