Summary
The Court rejected the contractor’s demand for 471% above-schedule rates on casual-labour wages under an FCI handling contract. Unlike other scheduled items, the labour item expressly deferred wages to the pending litigation, ultimately determined by the Supreme Court’s 2010 order. Remand survived only to verify wages under that order, including conditional reimbursement of wages paid by the contractor. The High Court’s further direction to determine contractor profit had no basis and was set aside.
Issues
- Whether the 471% above-schedule quotation applied to the casual-labour item.
- Whether remand could include determination of the contractor’s profit beyond wages governed by the earlier Supreme Court order.
Held
- The casual-labour item contained no scheduled rate and expressly made wages subject to the litigation outcome. The 14 January 2010 order governed the payable wages, rather than applying the contractor’s 471% above-schedule quotation to them. (¶¶ 3, 6, 6.1, 7)
- The earlier Supreme Court order had not left contractor-profit issues open. The High Court’s direction to determine such profit therefore could not stand. (¶¶ 6.2, 7)
- Remand was confined to determination and reconciliation of wages under the 2010 order. The contractor remained entitled to reimbursement of Rs 106.38 per labourer actually paid by him if it had not already been reimbursed. (¶ 7)
Result
FCI’s appeal partly allowed and contractor’s appeal dismissed. Claim to 471% ASOR on casual-labour supply rejected. Remand limited to wage determination under the 14 January 2010 order; direction to determine contractor profit set aside. Unreimbursed wages actually paid by the contractor remained reimbursable as specified. No costs.