JUDGMENT

Raju, J.—

21. The principal question arising in all these civil appeals and stand referred to for the consideration of the Constitution Bench is as to whether the Arbitrator has got jurisdiction to award interest for the pre-reference period in cases which arose prior to the commencement into force on 19.8.1981 of the Interest Act, 1978, when the provisions of the Interest Act 1839 was holding the field. The cases before us relate to the appointment of the Arbitrators concerned by the specified ­authority, on a demand made therefor by the contractor concerned without the intervention of the Court. The Arbitrators concerned, while sustaining portions of the claim made in the Awards also allowed on those amounts ­interest from the due date of the amount till date of Award. On the Awards being made the Rule of Court, as per the determination made by the Civil Court, the State pursued the matter before the High Court unsuccessfully and the High Court sustained the claim of the con­tractor for interest from the due date up to the date of the Award. Aggrieved, the above appeals came to be filed and entertained on certain limited and specified grounds, in