N.MANIRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) This Court has been called upon to give its authoritative pronouncement on the substantial question of law herein below reproduced on the basis of a reference made by the learned Single Judge and pursuant to the order passed by the Hon'ble Chief Justice. "?(i) Whether the remedy of an application under Section 34 of the Arbitration and Conciliation Act, 1996, is available to set aside an arbitral award passed under Section 7-B of the Indian Telegraph Act, 1885? (ii) If the answer to the earlier question is in the affirmative, whether petitioner who has filed Writ Petition before this Court against the arbitral award passed under Section 7-B of the Indian Telegraph Act, 1885, ought to be relegated to pursue the remedy of an application under Section 34 of the Arbitration and Conciliation Act, 1996, or on the Writ Petition which has been pending for long, be proceeded to be decided on merits? "?

(2.) The Writ Petition which has given rise to the above reference has its genesis in the dispute raised by the writ petitioner under Section 7-B of the Telegraph Act, 1885 regarding the excessive bills received by him in respect of his Telephone bearing No.2330474 (previously 30474). The Arbitrator after hearing the parties had passed an award on 31.10.2003 granting a rebate of 1000 calls on the bill in question. This award is the subject matter of challenge in the present Writ Petition.

(3.) Before proceeding to answer the reference it is necessary to extract Section 7-B of the Indian Telegraph Act, 1855 and the relevant provisions of the Arbitration and Conciliation Act. Section 7-B of the Indian Telegraph Act: