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G. ANUPAMA CHAKRAVARTHY
Star Electricals – Appellant
Versus
State of Electricity Board – Respondent
G. Anupama Chakravarthy, J. – The Writ petition is filed for quashing the order dated 11.08.2014 passed by Bihar Public Work Contract Dispute Arbitration Tribunal (in short referred to as ‘the Tribunal”) in Reference Case No. 62 of 2014 wherein the Tribunal has rejected the application of the petitioner holding that the petitioner is a non-party to the contract and was not competent to raise dispute under the provision of Bihar Public Work Contract Dispute Arbitration Tribunal Act, 2008. Further, for a direction to the Tribunal to adjudicate the dispute between the respondents and the petitioners, as the petitioners have executed the contract work awarded to Respondent No. 6 by Respondent Nos. 1 to 5 which is covered under the expression of Sub-Contractor/Executor within the meaning of Section 2(g) of the Tribunal Act, 2008. Further, for declaration that a Sub-Contractor falls within the ambit of party as defined under clause 2(g) of the Tribunal Act, 2008, and the Tribunal is competent to consider and decide the grievances of the petitioner as the Sub-Contractor/Executor as against Respondent Nos. 1 to 5 as well as Respondent No. 6. Further, for a declaration that on account of th
Section 16 lays down that even interest is payable on amount entitled to by a unit.
The court established that claims for payment under a subcontract must be pursued through appropriate civil channels, particularly when they involve disputed facts and contractual obligations.
Only a party to the arbitration agreement can challenge the appointment of an arbitrator under Section 12 of the Arbitration and Conciliation Act, 1996.
Point of Law : Arbitration - Respondent Corporation is a “public undertaking” as contemplated in Clause (i) of Section 2(1)(i) and the contract entered into between the parties was a “works contract”....
The significance of admitted liabilities, conflicting stands, and serious disputed questions of fact in contractual matters, and the discretion of the court in exercising jurisdiction.
The main contractor is liable to obtain a labor license for all workforces, including those of sub-contractors, under the Contract Labour Act if the total number exceeds 20 workers.
Point of Law : Exercise of judicial power under Section 11 (6A) of the Act is concerned, the Designated Judge should confine himself only to the examination of the existence of an arbitration agreeme....
The main legal point established is that disputes can be arbitrable despite fraud allegations, and the court has the authority to appoint a Sole Arbitrator to adjudicate disputes arising from a const....
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