K R RAVEENDRANATHAN Vs. STATE OE KERALA

JUDGEMENT

(1.) After spending considerable time in this case on the question of law, namely, whether the arbitrator had exceeded his jurisdiction in awarding the amount in question, the counsel on either side placed reliance on Sudarsan Trading Co. v. Govt. of Kerala and to the contra position, the counsel appearing for the State of Kerala placed reliance on Associated Engg. Co. v. Govt. of A. P. Prima facie, we are of the view that the view in these two decisions are mutually conflicting. Shri A. S. Nambiar. learned Senior Counsel has placed reliance on Hindustan Construction Co. Ltd. v. State of Jandk in which the ratio in Sudarsan Trading Co. v. Govt. of Kerala was practically approved. Sudarsan Trading Co. case was not brought to the notice of the court in Associated Engg. Co. case. But however, in view of the apparent conflict of the above said decisions, we deem it expedient that the matter may be referred to a three-Judge bench fordecision. The Registry is directed to post this matter before a bench comprising three Hon'ble Judges. court Master