ENVEE HEADWEAR INDUSTRIES Vs. GENERAL MANAGER NORTH CENTRAL RAILWAY GMS OFFICE COMPLEX SUBEDARGANJ ALLAHABAD

JUDGEMENT

(1.) Heard Sri Rahul Sahai, learned counsel for the petitioner and Sri Govind Saran who appears for the respondents.

(2.) The petitioner is seeking reference of dispute arising between the parties in relation to the work order dated 4.11.2009 to an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as an "Act") .

(3.) According to the petitioner the work order dated 4.11.2009 is governed by the Indian Railways Standard Conditions of Contract which in clause 2900 contains an arbitration agreement. The said arbitration agreement provides that in the event of any question, dispute or difference arising under those conditions or any special condition of contract or in connection with the contract, the same shall be referred to the sole arbitration of the gazetted Railway officer to be appointed by the General Manager where the contracts have been entered into by the zonal Railways and production units.