TELECOMMUNICATIONS CONSULTANTS INDIA LTD Vs. MADHYA PRADESH RURAL ROAD DEVELOPMENT AUTHORITY AND ANOTHER

JUDGEMENT

(1.) The present revision is placed before us in pursuance to an order passed by a Division Bench of this Court on 10.08.2018 finding divergent views of the two Division Bench Judgments of this Court rendered in Ram Niwas Shukla v. State of M. P., (2006) 4 MPLJ 34 and Rajawat and Company. v. State of M. P., (2005) 4 MPLJ 16. The Bench has framed the following question for the opinion of the Larger Bench:-

(2.) The issue is purely legal and depends upon the statutory provisions. The Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short "the Act") was published in the M.P. Gazette (Extraordinary) dated 110.1983 for providing alternative mode of dispute resolution in respect of works-contract granted by State or Public Undertakings. The Act has undergone major changes when M.P. Madhyastham Adhikaran (Amendment) Act No.9 of 1990 was published in State Gazette on 24.04.1990. By virtue of the Amendment, the limitation for raising reference was prescribed, which was not in the original Act as also Sub-section (4) and (5) were added in Section 7 of the Act, Section 7-A and Section 7-B were also added apart from substituting Section 2(d) defining "dispute" and 2(i) defining "works-contract".

(3.) Subsequently, there was another amendment in the Act. Sub-section (1) of Section 7-B has been substituted by M.P. Act No.36 of 1995 whereas Sub-section (2-A) was initially inserted by M.P. Act No.19 of 2003 and then substituted by M.P. Act No.1 of 2004 and then again substituted by M.P. Act No.19 of 2005. The relevant provisions of the Act, after the amendment in 1990 and the provisions as up-to-date, are given in juxtaposition, as under:-