Judgment

KAILASAM, J. - This appeal is preferred by the Orissa Mining Corporation Ltd., (a Government of Orissa Undertaking) by special leave against the judgment and decree dated February 20, 1976 of the High Court of Orissa where by the High Court upheld the judgment of the Subordinate Judge, Rourkela refusing to set aside the award of the arbitrator directing payment of certain moneys to the respondent herein

2. The respondent is a partnership firm carrying on business of transport, mining, loading and unloading etc. with its office at Rourkela. The appellant called for a tender for the work of raising of iron ore in Khandadhar Mines and transporting it to Barsuan Railway siding, including wagon loading. An agreement was entered into between the appellant and the respondent for a period of one year with effect from May 25, 1971. The estimated value of the contract was Rs. 6,77,040. The respondent under the terms of the contract was required to work in quarry Nos. 1 and 2 in Khandadhar Mines but during the progress of the work, on the directions of the appellant, the respondent worked in quarry No. 5 also which was at a distance of about 2 K. M. from quarry Nos. 1 & 2. As the res