Per VAZIFDAR S.J., J.: - This is an Appeal against the order of the learned Single Judge allowing the respondents Petition under section 30 of the Arbitration Act, 1940 setting aside the majority award made by respondent Nos. 2 and 3.

2. Respondent Nos. 2 and 3 awarded a sum of Rs. 61,73,067.90 and dismissed the counterclaim of respondent No. 1. Respondent No.4, who made a minority award, dismissed the claim of the appellant and the counterclaim of respondent No.1. Respondent No.4 dismissed the appellants claim only on the ground of limitation. Respondent No.4 did not consider the merits of the rival contentions regarding the maintainability of the claim for statutory increase in wages, Thus, View of the majority award, the appellant was entitled to the sum of Rs. 61,73,067.90.

3. The learned Single Judge set aside the award on the ground that the same was contrary to a term of the contract and on the ground that the claims were barred by limitation.

4. Pursuant to the tender submitted by the appellant, respondent No.1 issued a work order dated 10.1.1983. The contract involved clearing, forwarding and handling jobs of bulk bagged fertilizers to be imported by respondent No.1 at Mormug

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