UNITED CONSTRUCTION Vs. CHIEF GENERAL MANAGER

JUDGEMENT

(1.) This petition under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 ('Act') seeks appointment of an Arbitrator to adjudicate the disputes between the Petitioner and the Opposite Parties East Coast Railways (ECR) arising from the award of work in favour of the Petitioner on 19/4/2010 for replacement of the existing steel channel sleepers with new galvanized fastenings.

(2.) The case of the Petitioner is that under Clause-64 of the General Conditions of Contract (GCC), governing the award of the above work, as amended on 11/11/2016, the disputes involving claims of total value not exceeding One Crore were to be referred to the sole Arbitrator who shall be a Gazetted Officer of the Railway not below the rank of J.A. cadre nominated by the General Manager, who shall be appointed within 60 days from the date of demand. In other cases, the disputes were to be referred to a panel of three Gazetted Railway Officers not below the J.A. cadre or two Railway Gazetted Officers not below the J.A. cadre and a retired Railway Officer not below the rank of an SAG Officer.

(3.) The Petitioner states that in view of the amendment made to the Act in 2015, an option was given to the parties to waive of the applicability of Sec. 12 (5) of the Act. According to the Petitioner he prayed for extension of time for completion of the work but this request was not accepted. Therefore, by a letter dtd. 12/11/2012 he requested the ECR to close the work and release the funds.