SANTOKH SINGH ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) By a consolidated order dated 21/11/1983 disposing of these appeals, this court referred the sputes between the parties to arbitration by Sri A. C. Gupta, a retired Judge of the Supreme court of india. The learned Arbitrator has rendered lump-sum awards in each of these three cases, all dated 30/04/1987. In Contract No. GE/ddn/31 of 1967-68 the learned Arbitrator has awarded a total sum of Rs. 2,087. 00, in contract No. CWE/ddn/34 of 1966-67 he has awarded Rs. 36,770. 00, and in contract No. CWE/ddn/35 of 1967-68 a sum of Rs. 26,701. 00, i. e. the appellant is entitled to Rs. 65,505. 00 in all towards his outstanding claims. There is no doubt or difficulty as to the law applicable, the impugned awards being for a lump-sum, Fee : CHAMSEY BHARA and COMPANY VS. THE JIVRAJ BALLOO spinning and WEAVING COMPANY LTD. LR (1922-23) 50 IA 324, jivarajbhai ujamshi SHETH 5 ORS. VS. chintamanrao BALAJI and ORS. (1964) 5 SCR 480 and hindustan STEEL WORKS construction LTD. VS. C. rajasekhar RAO (1987) 4 SCC 93. We accordingly indicated to the appellant who argued his case personally, that it was not open to the court to question the correctness of the adjudication made by the learned Arbitrator and that the awards were binding on the parties.

(2.) The only contention advanced by the appellant before us is that there was an error apparent on the face of the awards within the meaning of s. 30 of the Arbitration Act, 1940 inasmuch as the impugned awards were not in conformity with cl. 70 of the agreement i. e. the arbitration clause. We are afraid, the contention must prevail. Learned counsel appearing for the Union of India indeed does not contest the legal position. The order of reference made by this court in terms invokes and incorporates cl. 70 of the agreement between the parties.

(3.) It appears that the attention of the learned Arbitrator was not drawn to the provision contained in cl. 70 of the agreement and in particular, to the requirement of paragraph 6 thereof. Clause 70, insofar as material, is in the following terms: