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Dr.Jai Prakash Jha (Dy.Chief Of Claims General & Legal.)     17 October 2013

Individul contractor can't go on leave due to medical reason

Sirs,

After completing due processes of open tender an individual  NOT a firm was awarded contract of transportation of PDS  foodgrains  within the particular revenue districts for one year from the date of execution of agreement. Though the alloted work was being  discharged successfully but unfortunately within 3-months the person became seriously ill . He was advised complete bed rest by his physician hence after intimating the competent authority he stopped the transporting  work and proceeded on leave.

As he was not a firm but an individual and the work was risky in nature and a huge amount of govt. money was involved in the movement  he was unable to authorise any other person to do the work on his behalf. After declaring medically fit which took him about 3-months he intimated the authorities about the same and requested them to re- allot the work to him .

The authorities instead issued him a show cause and invited fresh tender and only one tender which was found suitable is being considered to allot the transporting work while his quoted rate is too high in comparison to him.

# WHETHER AN INDIVIDUAL WHO WAS ALLOTED  WORK IN HIS  PERSONAL CAPACITY CAN or CAN'T GO FOR LEAVE DUE TO MEDICAL REASONS.

# WHETHER AFTER DECLARING MEDICALLY FIT THE REJECTION OF HIS REQUEST TO RE ALLOT HIM THE WORK IS NOT BAD IN THE EYES OF LAW.  

# CAN THE GOVT. AGENCY ALLOT THE WORK ON  RATE WHICH IS TOO MUCH HIGHER IN COMPARISON TO HIS  and CAN THE GOVT AGENCY CONSIDER THE SINGLE TENDER FOR ALLOTING THE WORK TO THE TENDERER.

Sirs may I request you to guide me citing some ORDERS/JUDGEMENTS of APEX COURT.

With regards,

Dr. J P Jha.



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     19 October 2013

Whether the awardee is an individual, firm or a company, the consequence of default would remain the same. However, the key terms of the tender would help providing correct answer.

sanjay kumar (BE/ LLM in Corporate Laws)     25 October 2013

Both the parties are at fault. When the authorities were awarding the contract to an individual and not a firm, they should have foreseen the situations when the individual will not be able to render his services. In this case, a clause should have been included for deducting a penalty/LD for each day of non-work. It appears that this has not been done. Secondly, since this was a contract and not day-work, the individual should have invoked the 'Force Maejure" clause of the contract, if there was any such contract. As the things stand, the authorities are free to either ask the individual to continue the work or award fresh tender.

Hermione Terrell   27 April 2020

Some of the contractors who do not feel good went on the medical leave to take some rest. Generally speaking, resume companies reviews are there to share the tips for which they can use this.


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