R.S. Mongia, J. - (1.) (Oral) - The husband of the petitioner Sh. Sudesh Kumar, son of Sh. Karam Chand was awarded Handling and Transport Contract at the godowns and Rail-head Agencies of the Food Corporation of India (in short the 'Corporation ?) at Sunam, vide the acceptance letter of the Corporation dated 30.1.1991. The Contract was to last till 7.3.1993. The relevant terms and conditions of the Contract may be noticed: (I)(iv) The term "Contractor" shall mean and 'include the person or persons firm or company with whom the contract has been placed including their heirs, executors, administrators, successors and their permitted assignees as the case may be." IV. Constitution of Contractors-(a) Contractors shall at the time of submission of tender declare whether they are sole proprietary concern or registered partnership firm or private limited company or a public limited company incorporated in India or a Hindu undivided firm. The composition of the partnership, names of Directors of Companies and name of the Karta of Hindu undivided family shall be indicated. The contractors shall also nominate person in whose hands the active management and control of the work relating to the contract during the tenure of the contract would lie. The person so nominated shall be deemed to have power of attorney from the contractors in respect of the contract and whose acts shall be binding on the contractors. (b) The contractors shall not, during the currency of the contracts, make without the prior approval of the Corporation any change in the constitution of the firm. lie contractors shall notify, to the corporation the death/resignation of any of the partners/directors immediately on the occurrence of such an event. On receipt of such notice the Corporation shall have the right to terminate the contract."
(2.) Unfortunately, Sh. Sudesh Kumar, husband of the petitioner died on 24.3.1992. The petitioner asked the Corporation to allow her to continue the execution of the Contract in view of the terms and conditions of the Contract, but the Corporation did not agree and rather invited fresh tenders for the job which was being carried out by her husband. This led the petitioner to file the present writ petition.
(3.) The Motion Bench, while issuing notice of motion, on 3.9.1992 ordered that in the meantime the work would not be allotted to anybody. Ultimately the writ petition was admitted. The Corporation has filed reply to the writ petition. Udham. Nagar Sunam Cooperative Labour & Construction Society Limited, Sunam was later on allowed to be added as a respondent.;