ARJANBHAI UKABHAI AND COMPANY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner seeks a direction on the Gujarat Public Works Disputes Arbitration Tribunal to decide Arbitration Reference No. 81 of 1996 on merits.

(2.) According to the petitioner it was awarded a contract for construction of 60 cm. thick upstream pitching on existing earth work in Falku Irrigation Project at Rajkot by agreement entered into in 1991, pursuant to which the work order was issued to the petitioner on 5.2.1991. According to the petitioner the final work was completed on 30.7.1992 though it was required to be completed on 4.8.1991. As per the agreement, the petitioner approached the Superintending Engineer who rejected the petitioner's claim on 19.12.1994. The Arbitration Tribunal came into existence from 1.1.1994 when the said Act was brought into force. Earlier the petitioner could have filed the suit within three years from the date of cause of action. On this basis the case of the petitioner is that he could file the Reference under Sec. 8(1) also within three years from the date of the Superintending Engineer's order dated 19.12.1994 rejecting his claim. Reference had been filed before the Tribunal on 17.10.1995 which according to the petitioner was required to be entertained notwithstanding the provisions of Sec. 8(1) which require a reference to be made within one year from the date when dispute arose.

(3.) The Tribunal by its order dated 17.4.1996 rejected the reference of the petitioner on the ground that it was time barred negativing the petitioner's contention that the period prescribed for filing suits under the Limitation Act of three years would apply to such reference made in respect of disputes which had arisen before the coming into force of the said Act.