PUNJAB STATE ELECTRICITY BOARD Vs. A.R.C.

JUDGEMENT

(1.) THIS petition is directed against the order of Additional District Judge, Ropar who vide order dated 2.12.1991 accepted the appeal and ordered that the application under Section 20 of the Arbitration Act filed by the appellant be referred to the Chief Engineer (O&M), Ropar Thermal Plant, Ropar, for arbitration.

(2.) THE facts relevant for the disposal of this revision petition are that respondent filed an application under Section 20 of the Arbitration Act (for short 'the Act'). The petitioners invited tenders for supplying the labour. The respondent submitted its tender. The tender being the lowest one was accepted by the petitioners. The regular contract was executed between the parties. In the said agreement there was an arbitration clause that in case of any dispute or difference between the parties regarding the payment or execution of the contract, the matter shall be referred to the Arbitrator i.e. Chief Engineer, Operation and Maintenance, Ropar Thermal Plant or any other officer appointed on his behalf. A dispute arose between the parties regarding the payment of the labour charges i.e. concerning the contract. The said matter was liable to be adjudicated by the Arbitrator as per the arbitration clause in the agreement. The petitioner inspite of the notice by the respondent did not refer the matter to the Arbitrator, therefore, an application under Section 20 of the Act was filed before the civil Court seeking a direction that the arbitration agreement be filed in the Court and the matter be referred as per the arbitration clause.

(3.) DISSATISFIED with the order of the trial Court, the appeal was preferred by the respondent. The appeal came up before the learned Additional District Judge, Ropar which was accepted and the dispute was referred to the Chief Engineer O&M, Ropar Thermal Plant, Ropar. The petitioners have preferred the revision against the impugned order.