( 1 ) (ORAL) Rule. D. B.

( 2 ) BY this petition the petitioner has Challenged the Award dated 13-2-1993 (Annexure-21) given by respondent No. 2 as an Arbitrator appointed under S. 7-B of the Indian Telegraph Act, 1885 (as amended) (hereinafter referred to as the act ) by respondent No. 1 vide letter No. MTNL/ SECTT/793 dated 14-10-1992 to adjudicate the dispute arisen in respect of telephone bill dated 1-3-1990 for an amount of Rs 61. 788. 00 concerning the telephone No. 5732519, subsequently changed into 5752807.

( 3 ) THE main grounds of challenge in this writ petition are that the arbitrator has been appointed by M. T. N. L. , respondent No. 1 under S. 7-B of the Act and not by the Central Government. Secondly S. 7-B under which the arbitrator is appointed is itself ultra vires of the Constitution.

( 4 ) WE have heard the learned counsel for the parties. We are of opinion that it is not necessary to decide the question whether Sec. 7-B of the Act is ultra vires of Constitution as the petitioner succeeds on the ground that the arbitrator has to be appointed by the Central Government under S. 7-B of the Act and not by the Chairman-cum- Managing Director of the M. T. N. L