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1979 Supreme(Ker) 45

P.SUBRAMONIAN POTI, KUMARI P.JANAKI AMMA
Antony DCruz – Appellant
Versus
B. Ramadas – Respondent


Advocates:
P. Gopalakrishnan Nair, for Appellants; Govt. Pleader, for Respondents.

Judgement

SUBRAMANIAN POTI, J. :- The first respondent in this appeal is a Government contractor. He had entered into a contract with the Union of India for carrying out certain works relating to the construction of an operational wall at Civil Aerodrome, Trivandrum. The appellants are said to represent the workmen employed by the first respondent in connection with the work carried out by him pursuant to the agreement entered into with the second respondent. The first respondent moved O.S. (Arbitration) No. 187 of 1977 before the Sub-Court, Trivandrum seeking that the Union of India be called upon to file the agreement entered into by him with the second respondent in Court and refer the dispute mentioned in the Original Suit to arbitration of the named arbitrator contemplated in the agreement or an arbitrator appointed by the Court. The complaint in the suit was that the defendant, the Union of India had arbitrarily, unilaterally and without any justification recovered a sum of Rs. 19,191 on 24-8-1977 from the bill amount payable to the plaintiff an account of wages payable to the labourers engaged by the plaintiff. It was contended that he had never defaulted payment of wages to














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