STAR ELECTRICALS Vs. STATE OF ELECTRICITY BOARD

JUDGEMENT

(1.) The Writ petition is filed for quashing the order dtd. 11/8/2014 passed by Bihar Public Work Contract Dispute Arbitration Tribunal (in short referred to as 'the Tribunal') in Reference Case No. 62 of 2014 wherein the Tribunal has rejected the application of the petitioner holding that the petitioner is a non-party to the contract and was not competent to raise dispute under the provision of Bihar Public Work Contract Dispute Arbitration Tribunal Act, 2008. Further, for a direction to the Tribunal to adjudicate the dispute between the respondents and the petitioners, as the petitioners have executed the contract work awarded to Respondent No. 6 by Respondent Nos. 1 to 5 which is covered under the expression of Sub-Contractor/Executor within the meaning of Sec. 2(g) of the Tribunal Act, 2008. Further, for declaration that a Sub-Contractor falls within the ambit of party as defined under clause 2(g) of the Tribunal Act, 2008, and the Tribunal is competent to consider and decide the grievances of the petitioner as the Sub-Contractor/Executor as against Respondent Nos. 1 to 5 as well as Respondent No. 6. Further, for a declaration that on account of the work executed by the petitioner as a Sub-Contractor/Executor the relationship of the petitioner as against the Respondent Nos. 1 to 5 is well recognized by the Scheme of law relating to Principle, Agents and Sub-agents as incorporated under Chapter X of Indian Contract Act, 1872.

(2.) The brief facts culled out of the petition are that the 6th Respondent was awarded with the work of installation of electric meters by the Respondent Nos. 1 to 5 i.e. the Electric Board in the year 2014. Further, the 6th Respondent Company approached the petitioner i.e. the local contractor for installation of the electric meters and issued an appointment ' cum Work order vide letter dtd. 22/1/2014. Further, the 6th Respondent again awarded with the work of installation of 1250 set of three phase electrical meters in Motihari, Bettiah and Raxaul Electric Supply Division vide letter dtd. 5/10/2009 and the said work of installation was again delegated to the petitioner by the 6th Respondent vide Annexure -2. The petitioner received payments against part of the work done in the course of execution of the contract awarded by Respondent Nos. 1 to 5 to Respondent No. 6, but part of the consideration was not paid for the meters installed in Raxaul and Bettiah Electric Supply Divisions. The petitioner personally visited the office of Respondent Nos. 1 to 5 in connection with demand of payments against the work done by him. But, the Respondents ignored the grievances of the petitioner and was advised to approach Respondent No. 6. Aggrieved by the acts of the Respondents, the petitioner filed Reference Case No. 62 of 2014 before the Tribunal against the Respondents seeking direction to make payments which were due to him on account of the work done by him vide Annexure-3. The Tribunal rejected the application of the petitioner vide order dtd. 11/8/2014 on the ground of maintainability as the petitioner is not a party to the contract and is not competent to raise dispute before the Tribunal (Annexure-4).

(3.) Aggrieved by the same, the present writ petition was filed.