T.K. Basu, J. - (1.) In the year 1971, the Government of West Bengal introduced a Scheme under the Department of Animal Husbandary and Viterinary Services. Under the Scheme, various chilling stations were established in different districts of the State fur collecting milk and transporting the same to the Central Dairy at Durgapur. Under the Scheme, several transport contractors ware to he employed for this purpose.
(2.) On the 3oth November, 1973 the tender submitted by the petitioner for transpiration of milk under the above Scheme was accepted by the respondent State of West Bengal effective for a period if one year from the 1st December, 1973 till the 30th November, 1374.
(3.) On the same day an agreement in writing was entered into between the petitioner and the State of West Bengal the West Bengal for transporting milk from different chilling and collection centres to the Central Dairy at Durgapur. The agreement, inter alia, provided that the contractor will use either insulated vans or Punjab body trucks (i.e. trucks with raised side shields) suitably covered with tarpaulins so as not to allow milk cans to be exposed to the Sun, provided that the suitability of the vehicles is certified in advance by the Dairy Manager or his authorised representatives. The agreement further provided that 100 cans each containing 40 litres milk will have to be carried in each vehicle and for that purpose a two-tier system with hinge arrangements will have to be made in the trucks, so that the trucks can carry the maximum load The contractor under the agreement had no right to sub-contract any work undertaken by him under the contract. The agreement further provided that in case of any default oh breach on the part of the contractors to fulfil the terms of the agreement, the Government shall have the right to determine the contract and forfeit the security deposit.;