Dubey, J. -- 1. This is a revision under section 19 of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 (for short 'the Act') against the award dated 7.12.1995, passed in Reference Petition No. 3/89 by M.P. Arbitration Tribunal, Bhopal (the Tribunal).

2. Facts giving rise to this revision are thus: State of M.P., through, the executive Engineer, PWD (B&R), Rewa Division No. II, Rewa entered into an agreement No. 25 of 1986-87 Art. A with the respondent for construction of 800 beded Sanjay Gandhi Memorial Hospital within the campus of S.S. Medical College Rewa. The estimated cost of the work was Rs. 6,78,70,202.00. On the item rate tender of the respondent the contract value of the work was worked out to Rs. 7,04,43,802/-. The stipulated period of completion of work was four years inclusive of rainy season from the date of the work order which was given on 8.2.1987 (Ex. P. 2). The respondent could not at all commence any kind of construction under the contract, therefore, after about one and half years from the date of work order, on 30.7.1988 the Executive Engineer petitioner No.2 vide order Ex. P. 3 rescinded the contract under clause 3 (c) of '\.; contract agreement, took out t