( 1 ) THE short controversy that calls for determination is whether the interim order/award of the arbitrator ruling on its jurisdiction to determine the dispute, raised by one of the parties is liable to be challenged under Section 34 of the Arbitration and conciliation Act, 1996 (herein after referred to as the act ) or not. The controversial clause which has given rise to the interim order/award of the arbitrator and the instant petition is Clause 44 of the agreement. It reads as under: -

"44. SETTLEMENT OF DISPUTES all disputes and differences of any kind whatever arising out of in connection with the contract or carrying out of the works (whether during the progress of the work or after their completion and whether before or after the determination, abandonment or breach of the contract shall be referred to and settled by the employer, who shall state his decision In writing. Such decisions may be in form of a final certificate or otherwise. The decision of the employer with respect to any or all of the following matters shall be final and binding and without appeal: the applicant is a Cooperative Group Housing society of which Sh,c. M. Mathew is the President. Aft