RAJENDRA PAREKH Vs. M P ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner-contractor has filed this revision under section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short 'the Act") aggrieved of the award dated 16-10-1989 passed in Reference Case No. 87 of 1987 by the Madhya Pradesh Arbitration Tribunal (for short 'the Tribunal' ).

(2.) THE facts leading to this revision are these. The petitioner in pursuance of the notice inviting tender (Ex. P. 2) submitted his tender for the work of feeding, breaking and passing of coal at hopper at Korba (Darri Kerva) West Bank Thermal Plant of Madhya Pradesh Electricity Board (for short 'the Board') of which an agreement was executed on 15-3-1986 (Ex. D. 23-A ). A dispute in respect of certain claims arose between the petitioner and the Board. The petitioner applied for a reference under section 7 of the Act to the Tribunal by a petition under section 7-A of the Act which was contested by the Board. The Tribunal after holding that the respondent Board is covered within the definition of 'public Undertaking', as defined under section 2 (1) (g) of the Act, held that the contract of which the dispute arises, was not the "works Contract" as defined under section 2 (1) (i) of the Act. Therefore, the Tribunal ordered return of the petition being not tenable, for its presentation before the appropriate forum.

(3.) SHRI P. S Banthiya, learned counsel for the petitioner contended that the interpretation of the definition of the "works contract" is wrong as the contract was of feeding and breaking and passing of coal in relation to the maintenance of the Factory as well as the power house. Supply of material was in relation to the Factory and power house for the purposes of maintenance. Learned counsel took this Court through the preamble of the Act and the definition of "dispute" in section 2 (i) (d) and of "works contract" in section 2 (1) (i) of the Act by giving emphasis on the words "and includes an agreement for the supply of goods or material and all other matters relating to the execution of any of the said words" in the definition of the "works contract" and submitted that the coal is the raw material which is required not only for generation of the electricity but is also required for the maintenance of the Factory as well as of the power house.