R. L. NARASIMHAM, C. J.

( 1 ) THIS is an appeal from the decision of the Additional Subordinate Judge of Cut-tack, setting aside an award given by an Arbitrator in a dispute between the parties.

( 2 ) THE plaintiff-respondent was a contractor who entered into the usual working Agreement (Ex. A) dated 14th August 1942 with the appellant for the construction of a landing ground and other structures at Charbatia in Cuttack District. Clause 25 of the Agreement contains the usual arbitration clause to the effect that any dispute between the parties in respect of the contract

"shall be referred to the arbitration of the Superintending Engineer of the Circle for the time being in the manner provided by the law relating to arbitration for the time being in force who, after such investigation as he may think proper, shall deliver the award which shall be final, conclusive and binding on all the parties to the contract".

A dispute arose between the contractor and the Union of India regarding certain payments and adjustment of claims arising out of the contract and one Mr. B. K. Guha who was working as the Superintending Engineer, Calcutta Aviation Circle in the early part of 1952, took up