NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. LIMAK SOMA

JUDGEMENT

(1.) By way of this petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as "the Act"], the petitioner assails an award dtd. 25/11/2016 rendered by a three-member Arbitral Tribunal [hereinafter referred to as "the Tribunal"], to the extent stated hereinafter.

(2.) The arbitration proceedings arose out of a contract dtd. 12/1/2005 [hereinafter referred to as "the Contract"], by which the petitioner- National Highways Authority of India [hereinafter referred to as "the NHAI"] awarded to the respondent a contract for rehabilitation and upgrading of Porbandar- Bhiladi Road,Sec. of NH-8B in the State of Gujarat.

(3.) By the order of this Court dtd. 21/3/2017, limited notice was issued on the correctness of paragraph "c(iii)" of the operative part of the award on claim No. 1, whereby the Tribunal held that both the parties would equally share the responsibility of payment of cess to the Gujarat Government, under the Building and Other Construction Workers (Regulation of Employment and Condition of Service) Act, 1996 [hereinafter referred to as "the BOCW Act"] for the period January, 2006 to 9/5/2007.