Facts
The petitioner held a housekeeping contract with Bhilai Steel Plant.
Source reference: no citationFollowing a Vigilance Report based on a police complaint, the respondents issued a notice dated 3 September 2026 proposing to short-close the contract with effect from 1 October 2026.
Source reference: para. 3–4The petitioner contended that Clauses 17.5.1 and 17.5.2 of the General Conditions of Contract required 30 days’ notice.
Source reference: para. 4–6The respondents accepted that 30 days’ notice was required but submitted that the notice given was tentative and that any action would be taken only after 30 days.
Source reference: para. 4–6The petitioner amended the writ petition to include the relevant contract provisions, and the Court allowed the amendment.
Source reference: para. 2, 5Issues
1. Whether the respondents could short-close the contract on the basis of the notice dated 3 September 2026, when the contract required 30 days’ notice.
Source reference: para. 6–82. Whether the impugned notice should be set aside and a fresh notice issued in accordance with the contractual terms.
Source reference: para. 8–9Law Applied
Clause 17.5.1 permits termination for non-performance, detrimental activity, or failure to discharge contractual obligations to the employer’s satisfaction, upon 30 days’ written notice.
Source reference: para. 7Clause 17.5.2 permits termination without assigning reasons, but requires reasonable notice of not less than 30 days.
Source reference: para. 7Reasoning
Reading the two clauses, the Court concluded that the respondents were required to give the petitioner 30 days’ notice before taking a decision to short-close the contract.
Source reference: para. 8Although the respondents described the notice as tentative and stated that action would follow only after completion of 30 days, the Court directed that a fresh notice be issued strictly in accordance with Clauses 17.5.1 and 17.5.2.
Source reference: para. 8–11Any fresh decision was also required to be made in accordance with the contract and applicable law, without being influenced by the impugned letter.
Source reference: para. 8–11Holding
The Court set aside the short-closure notice dated 3 September 2026 and directed the respondents to issue a notice in accordance with Clauses 17.5.1 and 17.5.2 before taking any further action to short-close the contract.
The writ petition and the amendment application were allowed to that extent.
Source reference: para. 12Original Court PDF
M/s HIMANSHU BROTHERSvsSTEEL AUTHORITY OF INDIA LTD.
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