Heard the parties.

2. The State of Bihar and its functionaries have filed this civil revision application under Section 13 of the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008, challenging the award of the Tribunal dated 27.11.2014, passed in Reference Case No.74 of 2012, whereby the petitioners have been directed to pay referred amount to the sole opposite party. The dispute arose out of work contract dated 24.03.2009.

3. By the impugned award, the Tribunal has allowed in favour of opposite party Rs. 43,50,565/-(Rupees Forty Three Lacs Fifty Thousand Five Hundred and Sixty Five) only along with ten percent interest with effect from 09.01.2014 till the date of realization against the entitlement of opposite party to price escalation of the material. The Tribunal further granted Rs.35,90,298.68 (Rupees Thirty Five Lacs Ninety Thousand Two Hundred Ninety Eight and Sixty Eight Paise) only in respect of carriage by extra lead with simple interest @ ten percent per annum with effect from 13.07.2012.

4. It is worth to note here that the amount awarded against the price escalation was part of the interim award made by the Tribunal on 09.01.2014. The said award was challenged before this Court in Civil Revision No.141 of 2014. The said revision application was dismissed as devoid of any merit. On the same ground again award has been challenged herein that Clause 10CC of the agreement was not applicable in the facts and circumstances of the case, rather Clause 10CA was applicable and the Tribunal has committed error of record.

5. Clause 10CA of the agreement and Clause 10CC are being reproduced below:-

“Clause 10CA:-If after submission of the tender, the price of cement or steel reinforcement bars/bitumen incorporated in the works (not being a material supplied from the Engineer-in charges stores in accordance with Clause 10 thereof) increases beyond the prices prevailing at the time of the last stipulated date for receipt of tenders (including extensions, if any) for the work, then the amount of the contract shall accordingly be varied and provided further that any such increase shall not be payable if such increase has become operative after the stipulated date of completion of work in question.

If after submission of the tender, the prices of cement and/or reinforcement bars/bitumen incorporated in the work (not being a material stipulated from the Engineer-in charges stores in accordance with Clause 10 thereof) is decreased, government shall in respect of these materials incorporated in the works (not being materials supplied from the Engineer-in charges stores in accordance with Clause 10 thereof) be entitled to deduct from the dues of the Contractor such amount as shall be equivalent to the difference between the prices of Cement and/or Steel reinforcement bars/bitumen as prevailed at the time of last stipulated date for receipt of tenders including extensions if any for the work and the prices of these materials on the coming into force of such base price of cement and/or steel reinforcement bars/bitumen issued under authority of Schedule of Rate committee.

The increase/decrease in prices shall be determined by the All India Wholesale Price Indices for Cement and Steel (bars and rods) as published by Economic Advisor to Government of India, Ministry of Commerce and Industry and base price for cement and/or steel reinforcement bars/bitumen as issued under authority of Schedule of Rate committee as valid on the last stipulate date of receipt of tender, including extension if any and for the period under consideration.

“Clause 10CC:-Contract price shall be adjusted for increase or de crease in rates and price of labour, materials, fuels and lubricants in accordance with the following principles and procedures and as per formula given in the contract data :

(a) The price adjustment shall apply for the work done from the start date given in the contract data upto end of the initial intended completion date or