R. VENKATARAMAIAH Vs. SOUTHERN RAILWAY

JUDGEMENT

(1.) Aggrieved over the Award passed by the Arbitration Tribunal consisting of three Members, the present Original Petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996.

(2.) Though the Award has been challenged on various grounds the main ground focused during the submissions before this Court is that the Award is in violation of principles of natural justice and the Arbitral Tribunal has been reconstituted after 17th hearing and the reconstituted Arbitral Tribunal has without giving any opportunities to the parties just sat on one hearing and passed an Award which is against the fundamental policy of Indian Law and there is breach of principle of collegiality. The breach of collegiality will go to the root of the matter, the same will overlap the principles of natural justice and judicial infidelity.

(3.) It is further contention that the Award was passed with inordinate delay and the same is also one of the grounds which cannot be sustained in the eye of law. It is also contended that MSME procedures have not been followed. It is the further contention that even on merits the Arbitrators have never considered the relevant materials. There was no reason for not considering the admitted documents of the rider agreements. Therefore submitted that the Award is also affected by the illegality. Hence the same is liable to be set aside.