” This revision petition has been filed by the petitioner under S. 19 of the Madhya Pradesh Madhyastham Adhiniyam, 1983 being aggrieved by an award dated 29th October, 2003 passed by the M.P. Arbitration Tribunal, Bhopal, in a proceeding held under the M.P. Madhyas-tham Adhiniyam, 1983 (hereinafter refer to as ' the Adhiniyam of 1983' ).

2. Facts in brief which are necessary for deciding the issue in question goes to show that the State Government issued a notice inviting tender for the purpose of constructing right and left rockfill dam in the Ban Sagar Project, District Shahdol. Petitioner submitted their offer for both the right and left rockfill dam. Petitioner” s tender was accepted and a contract was given to the petitioner for the purpose of right rockfill dam. The contract for left rockfill dam was given to M/s. Bihar State Construction Corporation. An agreement was entered into between the petitioner and respondent No. 4 on 3-10-1983 and the agreement stipulated conclusion of the work within three calender years excluding rainy season. As per the agreement, petitioner was required to do the following :”

(i) Excavation by wedging and barring for final founding grad