R.K. MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) On 10/9/2018, the applicant invoked arbitration by addressing a communication to the General Manager, Central Railway, CSTM, Mumbai, in reference to the work order, awarded in its favour by the Divisional Railway Manager, Works, Mumbai, at tender cost of Rs.1,02,87,455.00, with the period of completion of six months commencing from the date of issuance of LOA.

(2.) The notice invoking arbitration clearly set out the steps taken for undertaking the said work, which involved the labour force, machinery, overheads, material cost, taxes etc.

(3.) The above claims being raised, the Railway was asked to respond to the same, by invoking Clause no. 16(3) of the General Conditions of Contract (GCC) and it was asked to communicate the decision in writing to the claimant within the time provided in the clause, with a clarification being offered that if the claimants' claims are found to be admissible, the amount may be released, but if they are found to be not admissible, in that case, the Arbitrator should be appointed under the relevant clause, but he shall not be an employee of the respondent, in terms of clause no.64 of the GCC, by making reference to Sec. 12(5) of the Act.