FRANCIS MUKKANICAL Vs. GENERAL MANAGER BSNL

JUDGEMENT

(1.) Appellant is a consumer of BSNL, governed by the provisions of the Indian Telegraph Act, 1885. Disputes raised by him were determined by arbitration in terms of section 7 B of that Act. He challenged that award invoking section 34 of the Arbitration and Conciliation Act, 1996, for short, the "A&C Act". The court below held, inter alia, that under sub-section 2 of section 7 B of the Telegraph Act, the award passed under that Act is final and conclusive between the parties and cannot be called in question in any court and therefore, the appellant's application under section 34 of the A&C Act is not maintainable. Hence this appeal.

(2.) Heard the learned counsel for the appellant, the learned standing counsel for BSNL and the learned Senior Government Pleader.

(3.) Sub-section (5) of Section 2 of the A&C Act provides that subject to the provisions of sub-section (4), and save in so far as is otherwise provided by, inter-alia, any law for the time being in force, Part I of the A&C Act shall apply to all arbitrations and to all proceedings relating thereto. Section 2(4) of that Act enjoins that Part I, except sub-section (1) of Section 40 and Sections 41 and 43, shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as the provisions of that Part are inconsistent with that other enactment or with any rules made thereunder. If the provisions of that other enactment or rules thereunder are consistent with the provisions of the A&C Act, despite absence of an arbitration agreement, rest of the provisions of A&C Act would apply, as if there was an arbitration agreement between the parties and the dispute becomes arbitrable under the A&C Act, as if there was an arbitration agreement between the parties. If there is any inconsistency, then the provisions of the A&C Act do not get attracted. Section 34 of the A&C Act provides for recourse to a court against an arbitral award by an application for setting aside the award in accordance with sub-section (2) and sub-section (3) thereof.