AMAR NATH SATYA Vs. AMAR NATH SATYA

JUDGEMENT

(1.) The petitioner had entered into a works contract with therespondent. Disputes having arisen between the parties, the same were referred toadjudication by arbitration. The Arbitrator has given his award dated 30.6.1989.On the award having been filed in the Court, proceedings for making it a rule of theCourt were initiated. The parties were noticed. The respondent Union of India hasfiled its objections to the award. The controversy raised is confined to the awardmade by the Arbitrator under claim No. 4.

(2.) The petitioner had claimed an amount of Rs. 40,000.00 under Clause 10-C ofthe Contract on account of increase in labour rates. The Arbitrator has given areasoned award. The gist of his finding is summarised in the next para.

(3.) According to the Arbitrator, the document Exhibit C-30, which is anotification dated 25.4.73, proves the statutory increase in wages. Tender wasaccepted on 23.6.1973. The increase had taken place prior to acceptance of thetender but after the submission of the tender. Clause 19-B of the contract referredto a fair wage schedule, wherein the labour rates, were quoted. If increase in wageshad taken place, the claimant was entitled to reimbursement. The Arbitrator hasassessed the claimant entitled to an award of Rs. 20,000.00 and not Rs. 40,000.00 asclaimed. Accordingly, Rs. 20,000.00 have been awarded under Claim No. 4.