SAWAHRAM KANAHYALAL Vs. UNION OF INDIA

JUDGEMENT

(1.) In these two writ petitions a question of apprehension of bias of an arbitrator appointed under the provisions of Sec. 7-B of the Indian Telegraph act has been raised.

(2.) In these two writ petitions the petitioner prays for the appointment of any member of the Telephone Advisory Committee or Consultative committee or any officer from any other Central Government Department or any central Government Pleader as an arbitrator under Section 7-B in cancellation of the appointment of the 3rd respondent who is the Deputy General manager (Administration) and who has been appointed for conducting arbitration proceedings in these two cases.

(3.) Section 7-B of the Indian Telegraph Act 1885 deals with arbitration of disputes including those arising between a person having a telephone and the department in connection with alleged excess billing of telephones. The said section reads as follows :"section 7-B : (1) Except as otherwise expressely provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been, provided, the dispute shall be referred to an arbitrator appointed by the Central government either specially for determination of that dispute or generally for the determination of disputes under this section. (2) The award of the arbitrator appointed under sub-section (1) shall be conclusive between the parties to the dispute and shall not be questioned in any Court. "