Chhattisgarh High Court
Contract LawAdministrative and Public Law

A contract cannot be short-closed without the full 30-day notice required by its terms.

M/s HIMANSHU BROTHERS vs STEEL AUTHORITY OF INDIA LTD.

Chhattisgarh High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
A contract cannot be short-closed without the full 30-day notice required by its terms.. M/s HIMANSHU BROTHERS vs STEEL AUTHORITY OF INDIA LTD.. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner held a housekeeping contract with Bhilai Steel Plant.

Source reference: no citation

Following 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. 3–4

The petitioner contended that Clauses 17.5.1 and 17.5.2 of the General Conditions of Contract required 30 days’ notice.

Source reference: para. 4–6

The 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. 4–6

The petitioner amended the writ petition to include the relevant contract provisions, and the Court allowed the amendment.

Source reference: para. 2, 5
02

Issues

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. 6–8

2. Whether the impugned notice should be set aside and a fresh notice issued in accordance with the contractual terms.

Source reference: para. 8–9
03

Law 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. 7

Clause 17.5.2 permits termination without assigning reasons, but requires reasonable notice of not less than 30 days.

Source reference: para. 7
04

Reasoning

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. 8

Although 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. 8–11

Any 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. 8–11
05

Holding

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. 12
Chhattisgarh High Court

Original Court PDF

M/s HIMANSHU BROTHERSvsSTEEL AUTHORITY OF INDIA LTD.

Chhattisgarh High Court · September 30, 2026

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