...end after the expiry of the period and, therefore, it was not a case of retrenchment in view of Section 2(oo)(bb) of the Act. It is true that in view of the aforesaid ...whether the termination of service of the respondent was justified and valid, and, if not, to what relief he was entitled to under law.3. In his claim statement the.... He further pleaded that neither any notice nor wages in lieu of notice were paid to him and as he had completed 240 days of service in a calendar year, the termination of his service was in violation...

...opportunity of hearing was given to the petitioner before terminating the contract.I do not find any merit in the argument advanced.Clause (7) of the agreeme...wanted to question termination of his service contract of Rozgar Sahayak for his having been arrested on an FIR relating to falsification of documents and misappropriation of Government funds...contract and as per that in the case of any loss or misappropriation of the Government funds by the first party contract shall be terminated by the second party. In the...

..., further make it abundantly clear that by itself neither Section 25-FF nor the transfer of the undertaking as such, puts an end to the contract of employment. In fact, the section envisa...termination of the contract of management or other arrangement or for the loss of office, as the case may be.(6) Notwithstanding any...protect the interests of the workmen who were already employed in the textile mills. Consistent with this objective, the Act nowhere refers to the termination of the ...

...contract, there is a provision for termination of the contract by either party by giving 90 days' notice without assigning any reason. Therefore, it prima facie appears that the ...petitioners, termination of the contract is not valid and as the termination of the contract is not valid, the negative covenant contained in the ...contract which permits both the parities to terminate the contract without assigning any reason by giving 90 days' notice, the termination is not valid, then also a contract of s...

...jurisdiction over disputes relating to the PPA, the adjudication of such disputes should be in accordance with the PPA. The sanctity of the contracts must be upheld unless there is a stat...counterparty); the effect on financial contract netting of not upholding an automatic termination provision; the belief that, since an insolvent business will generally be unable to pay, delaying ...to bona fide commercial transactions which do not have as their predominant purpose, or one of their main purposes, the deprivation of the property of one of the parties on bankruptcy. (e...

...appellant as temporary workman for the period of employment, which is opposed to law.5. It is the further case of the appellant workman that he falls within the definiti...termination of the appellant from his service falls within this provision. Nonetheless, this legal ground without any factual foundation was pressed into operation before the Labour Court at the t...termination of the service of the appellant on the ground that it is an automatic termination for non-renewal of contract of the employment is in contr...

...Adarsh Kumar Goel, J.:— This petition seeks quashing of terms and conditions of the tender notice, Annexure P.2 Objection of the petitioner is to conditions requiring the tanker to be n...learned counsel for the parties and perused the record.4. It is well settled that award of contract is essentially a commercial transaction. Conditions of tender imposed on commercial...cannot whittle down the terms of the tender as they are in the realm of contract unless they are wholly arbitrary, discriminatory or actuated by malice. This being the position ...

...development agreement. He submits that the learned arbitrator could not have thus held the termination notice valid and ought to have granted specific performance of the development agreement between ...there was no provision for the termination of the development agreement is concerned, this court has already taken a view in case of Cha...breaches are committed, contract can still be terminated. The learned arbitrator has rightly followed the said judgment of this court.12. The learned...

...Union of India, submits that under the general conditions of contract there is provision for arbitration and in case, the petitioner 1 ...by Senior Divisional Engineer/IV, North Central Railway, Prayagraj, on behalf of the President of India terminating the Contract Agreement No. NCR/ALD/Civil/2024/0221 dated 09.11.2024. The action ...been taken in terms of Clause 62 of Standard General Conditions of Contract on ground that despite 48 hours notice given earlier the petitioner contractor had failed to show adequate progress of w...

...Bachhittar Singh v. State of Punjab AIR 1963 SC 395.) That being so, the first plea of the appellant is rejected.9. Coming...stipulation in a contract of employment, the same is implicit.10. Submission of learned counsel that such a provision is inbuilt and has to be read into the Act and ...his tenure appointment was to continue up to 18-9-2000. Since there was a premature termination of the tenure appointment, claim of compensation for the balance period from the date of ...

...the petitioner about the termination of the services of the petitioner and the award of the contract of the provision ...being directed to continue services pending finalization and award of the fresh contract to the successful bidder in the tender process. 3. In view of ... HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO...

...by the learned counsel for the petitioner that the terms of the contract itself provided for 15 days opportunity to rectify the default on the part of the contr...reproduced below:- 1.43.0 Termination of Contract. Notwithstanding anything elsewhere herein provided and in addition to any of the right or remedy of NFL under the ...jurisdiction of this court is invoked to assail the show cause notice dated 20.1.2017 contained in P-1 whereby the competent authority invoking clause 1.43.0 of the General Terms of the ...

...workman for any reason whatsoever, other wise than as a punishment inflicted by way of disciplinary action, but does not include— XX XX XX(bb) termination of the service of the work...contracts where a regular contract of employment is entered into and the termination of the service comes about because of non-renewal of that contract. Such a meaning t...renewed after any day, it is a case of termination of service of the workman as a result of non-renewal of contract of employment and hence is not retrenchment as provid...

...tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.18. From the above, it is apparent that arbitration clause shall be ...respondent No. 3 in both the petitions.12. Mr. Khound has submitted that in the affidavits, a plea is taken by the respondent No. 3 that after the termination of the ...the contract, engagement of arbitrator does not arise. The idea that seems to be conveyed is that once the termination of contract takes place, necessarily the agreement...

...notice. 10. It is stated that the said response was thoroughly examined by Authority Engineer based on ground conditions and it was the opinion of the Engineer that the Contr.... Accordingly, the Authority's Engineer recommended the termination of the project under the relevant provision pertaining to "Termination for Contractor Default". ...Indian Contract Act, 1872 and the Specific Relief Act, 1963. 22. Clause 23 of the Contract provides for termination. Clause 23.1 specifically provides for ...

...entered into a contract with the appropriate Government in the course of his trade or business which is subsisting on the date of scrutiny of nomination. They are (i) when the ...by the election petitioner. Therefore, there was no reason for the learned Judge to hold that Halburga-Bawgi contract works continued. It is his submission that prior to termination of the ...work done by him prior to termination of the contract, he had received Rs 2,31,52,778 and had recovered remaining amount by instalments in the months of September/October/November and December, bu...

...pointed out the circumstances under and the manner in which such a hasty step was taken by the Government. Again, another point hits below the belt. It is the retrospective effect of the ...the effect of an order of termination of agency or contract.2. The fact of the case, in a nutshell, is that the Plaintiff (Respondent before us) w.... Section 23 of the Contract Act has been referred to show that the contract between the parties was not under any...

...district / roads. It is stated that the approximate value of the work awarded under the contract is Rs.662 Crore (Rupees Six Hundred and Sixty Two Crore). According to the petitioner, ...The petitioner seeks to prevent the respondents from impeding the execution of balance work under a contract awarded to the petitioner by the respondents herein. .... The petitioner states that pursuant to a tender floated in March 2020, a contract was awarded to the petitioner for undertaking rectification and related maintenance activities in respect of major...

..., however, unexceptionable that if an employer passes an order of termination of service in exercise of his right under a contract or in accordance with the provision of ...case the termination of service of the Respondent 1 by the letter of February 16, 1963 may be regarded as a colourable exercise of the power under the ...under a written contract of service entered between the parties in August 1956. The workman on the other hand contends that termination of his service was meted out as a punishment for av...

...order dated 8th March, 2010 but for the language set-out therein the termination of his engagement was with immediate effect. The said termination could be only one as contemplated in Clause-13 ...appreciation of the contract so also the termination notice, such termination notice cannot be upheld and is accordingly set aside for the reasons set-out herein. This, however, will not ...termination notice was issued on 8th March, 2010. As the said termination notice is based on the records, proceedings in respect whereof has been initiated by issuance of show-cause notice, this ...