VED PARKASH RATHORE AND CO Vs. STATE

JUDGEMENT

(1.) Shri Ved Prakash Rathore (hereinafter referred to as "non-applicant") way back in 1972, entered into a contract with Superintending Engineer, Electric Construction Circle No. 1 for supply of skilled and unskilled labour,in connection with constrution of Upper Sindh Hydel Project at Sumbal (Kashmir). The arrangement was extended from time to time and the contract for the extended period continued to be governed by the terms and conditions incorporated in the initial contract. Clause 18 of the Agreement read as under :

(2.) The non-applicant, after payment for labourers supplied was received, raised two claims against the Superintending Engineer, Electric Construction Circle-I. Claim 1, pertained to an amount of Rs. 33,139.75 claimed to be payable to the non-applicant on account of overtime wages for the period from June 1973 to August 1974 and non-payment of bills amounting to Rs. 30,000/- on account of expenses for travelling, lodging and boarding. Claim II was for an amount of Rs. 1,45,260.44 claimed to be payable to the non-applicant on account of unpaid bills, unauthorized rebates and non-payment of overtime wages for the period from March 1976 to August 1976. Both the claims were rejected by the Superintending Engineer, Electric Construction Circle No. 1, prompting non-applicant to file two applications for reference of disputes to arbitrator, under Section 20, J & K Arbitration Act 1940 (hereinafter referred to as "the Act"). The applications were filed on 23-4-1982, and registered as AA No. 73/1982 and 74/1982.

(3.) The applications were allowed and the disputes referred to Arbitrator vide order dated 16-05-1984. The Arbitrator failed to take the matter to its logical end. The Court vide order dated 06-03-1997 referred the matter to another Arbitrator and finally vide order dated 02-07-1998, the disputes were referred to third Arbitrator, who entered upon the reference on 16-8-1998 and handed down awards on 22-01-2001.