HEMANT GUPTA, CJ.

1. The present revision is placed before us in pursuance to an order passed by a Division Bench of this Court on 10.08.2018 finding divergent views of the two Division Bench Judgments of this Court rendered in Ram Niwas Shukla v. State of M.P., 2006 (4) M.P.L.J. 34 and Rajawat and Company. v. State of M.P., 2005 (4) M.P.L.J. 16. The Bench has framed the following question for the opinion of the Larger Bench:-

“Whether the proviso to Sub-section (1) of Section 7-B of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 would be applicable in a situation where the Final Authority has not given any decision within six months?”

2. The issue is purely legal and depends upon the statutory provisions. The Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short “the Act”) was published in the M.P. Gazette (Extraordinary) dated 12.10.1983 for providing alternative mode of dispute resolution in respect of works-contract granted by State or Public Undertakings. The Act has undergone major changes when M.P. Madhyastham Adhikaran (Amendment) Act No.9 of 1990 was published in State Gazette on 24.04.1990. By virtue of the Amendment, the limitation for raising reference was prescribed, which was not in the original Act as also Sub-section (4) and (5) were added in Section 7 of the Act, Section 7-A and Section 7-B were also added apart from substituting Section 2(d) defining “dispute” and 2(i) defining “works-contract”.

3. Subsequently, there was another amendment in the Act. Sub-section (1) of Section 7-B has been substituted by M.P. Act No.36 of 1995 whereas Sub-section (2-A) was initially inserted by M.P. Act No.19 of 2003 and then substituted by M.P. Act No.1 of 2004 and then again substituted by M.P. Act No.19 of 2005. The relevant provisions of the Act, after the amendment in 1990 and the provisions as up-to-date, are given in juxtaposition, as under:-

Relevant Provisions of the Act after amendment in 1990

Relevant Provisions of the Act Up-to-date

7. Reference to Tribunal. - (1) Either party to a works contract shall irrespective of the fact whether the agreement contains an arbitration clause or not, refer in writing the dispute to the Tribunal.   *** ***   (4) Every reference shall be accompanied by such documents or other evidence and by such other fees for service or execution of processes as may be prescribed.   (5) On receipt of the reference under subsection (1), if the Tribunal is satisfied that the reference is a fit case for adjudication, it may admit the reference but where the Tribunal is not so satisfied it may summarily reject the reference after recording reasons there for.   *** ***   7-A. Reference petition. - (1) Every reference petition shall include whole of the claim which the party is entitled to make in respect of the works-contract till the filing of the reference petition but no claims arising out of any other works-contract shall be joined in such a reference petition.   (2) Where a party omits to refer or intentionally relinquishes any claim or any portion of his claim, he shall not afterwards be entitled to refer in respect of such claim or portion of claim so omitted or relinquished.   (3) Notwithstanding anything contained in sub-section (1) or sub-section (2) disputes relating to works-contract which may arise after filing of the reference petition may be entertained as and when they arise, subject to such conditions as may be prescribed.   7-B. Limitation.-(1) The Tribunal shall not admit a reference,-   (a) in a case where a decision has been made in connection with a dispute under the terms of the agreement for a works-contract by the final authority under the agreement unless the reference petition is made within one ye