STATE OF MADHYA PRADESH Vs. SHEKHAR CONSTRUCTIONS

JUDGEMENT

(1.) A Division Bench hearing the Civil Revision No. 142/2005 (State of Madhya Pradesh v. M/s. Shekhar constructions) expressed its doubt with regard to the correctness of the decision rendered in civil Revision No. 1 /2006 (State of madhya Pradesh v. M/s. Shriram and sons)and referred two questions to be adjudicated by a larger Bench. The two questions framed by the Division Bench are as under :-

(2.) THE matter was placed before the bench consisting of three Judges. The Full bench while answering the question expressed its doubt with regard to the legal substantiality of the decisions rendered by another Full Bench in M. P. State Electricity board, Jabalpur v. Pandey Construction company. 2005 (2) MRLJ 550. This led to framing of the following question for con-sideration by a larger Bench :-

(3.) THAT is how the matter has been placed before us. Though the reference has been couched in the aforesaid manner the principal question that is required to be answered is whether the interpretation placed on Section 19 of the Madhya Pradesh madhyastham Adhikaran Adhiniyam, 1983, (hereinafter referred to as 'the 1983 Act') in pandey Construction (supra) is correct or the said decision requires to be reconsidered on the basis of the decision rendered in Mohd. Sagir v. BHEL, 2004 (1),mpjr 373 : 2004 (2) MPHT 179 : (2004 Lab 1c 21661 (FB ).