1. These appeals arise out of the common judgment of the First Additional Sub Court, Ernakulam in O. P. Nos. 59 of 1980 and 80 of 1980. which ended with the Award passed by the Chief Engineer being made into decree of court. The award was passed in O. P. No. 59 of 1980.0. P. No. 80 of 1980 filed by the Government to set aside the award has been dismissed

2. The first appellant Government of Kerala through the second appellant Superintending Engineer, Irrigation Central Circle, Trichur, entered into a contract with the respondent on 19-9-1975 to do the work of improvements to Champakkara Canal-Dredging works and allied works. The work was agreed to be completed on or before 15-7-1976. The agreement also required the respondent - contractor to maintain progress in work as prescribed in the schedule in Clause.3 of the agreement. There was also a provision in the contract to enable penalty to be levied in case of failure on the part of the contractor to maintain stipulated progress. He did not maintain stipulated progress and extensions of time were granted on contractor's requests as per supplemental agreements. On account of the delay in maintaining agreed progress in the