SHAM SINGH Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) AMAR Singh son of Shar Singh, a workman employed by the petitioner for execution of the work of the respondent met with an accident and was awarded compensation to the extent of Rs. 19152/- to be paid by the respondent-Executive Engineer. After the payment of the amount to the injured workman the petitioner-Executive Engineer filed an arbitration application No. 26/1977 for reference of disputes to the arbitrator for adjudicating the responsibility for payment of the compensation between the contractor and the department. The arbitrator vide his award dated 4.10.1986 held, It is the responsibility of the Contractor to pay the compensation on account of the injury caused to his labourer. The amount of compensation awarded by the Labour Court vide order dated 5.5.1976 is recoverable from the contractor ant] as such his claims arc rejected. Aggricved by the award the petitioner-contractor filed this petition for setting aside the award on the ground of alleged mis-conduct of the arbitrator.

(2.) IN the objections filed on behalf of the respondent Dept. the allegations of fact were denied. It was submitted that the award passed by the arbitrator was factually correct and legally sound.

(3.) I have heard the learned Counsel for the parties and have perused the record.