JUDGMENT

N. P. SINGH, J. :—Leave granted.

2. The award given by the Special Arbitration Tribunal (hereinafter referred to as the Special Tribunal) has been set aside by the High Court and the proceeding has been remitted to the Arbitration Tribunal for fresh adjudication. That order is under challenge in the present appeal.

3. On 16-7-1979, tenders were invited by the respondents for construction work of concrete-cum-masonry dam of Upper Kolab, Multi Purpose River Project, in the State of Orissa. The tender of the appellant having been accepted, an agreement was executed between the appellant and the respondent State for the execution of the said project. The work order was issued to the appellant on 2-1-1981. The work was to be completed by 30-9-1982. In terms of the agreement, escalation charges were to be paid to the contractor. The respondents granted extension for the completion of the project by end of the December, 1985. There is no dispute that work was completed before that date. However, escalation charges were paid by the Executive Engineer in the running bills only till 31-3-1985 after which no payment in this respect was made. Some other amounts also remained to be paid