- (1.) A work which the Oil and Natural Gas Corporation Ltd. (hereafter ONGC), respondent 2, entrusted the petitioner s proprietorship firm to execute within 45 days from 10.6.2003 was actually completed on 14.10.2004.
(2.) For delay in complete execution of work, the vigilance cell of ONGC recommended recovery of Rs.1,70,296/- from the petitioner, inclusive of Rs.1,31,129/- towards liquidated damages for delayed completion of work and Rs.39,167/- as penalty for non-deployment of technical persons and non2 maintaining of labour attendance register in terms of the provisions of the contract.
(3.) However, the final bill for payment raised by the petitioner was allowed and payment was released without making any deduction towards recovery of liquidated damages, referred to above. The competent authority of ONGC (not specified in the counter affidavit of ONGC who he is) had not approved waiver of liquidated damages. While initiating disciplinary action against the officer responsible for such lapse, ONGC invoked clause 29 of the contract between the parties and withheld security deposits of the petitioner in respect of two other contracts which the petitioner performed successfully aggregating to Rs.1,31,134/-.;