TMI Blog1983 (10) TMI 291X X X X Extracts X X X X X X X X Extracts X X X X ..... a Distributory with its minor and sub-minor from O.M. to Tail. The respondent raised a dispute and served a notice on the Chief Engineer for the appointment of an arbitrator 15 under Clause 23 of the Agreement. Subsequent to the said notice he filed an application under Section 8 read with Section 20 of the Act before the Subordinate Judge, Cuttack praying for the appointment of an arbitrator by the Court alleging that the Chief Engineer had not appointed an arbitrator under Clause 23 within the stipulated period of 15 days and therefore lost his power to appoint an arbitrator. The appellant enter ed appearance in the proceedings and raised an objection against the maintainability of the application under Section 8 read with Section 20 of the Act on the ground that the Chief Engineer had already appointed D Sahu, Superintending Engineer, Irrigation to be the Arbitrator fact of which was intimated to the respondent on November 20, 1978 and as such there was no occasion for the Court to appoint an arbitrator On December 19, 1979, the respondent filed another application contending that the appointment of D. Sahu, Superintending Engineer Irrigation as Arbitrator was illegal and improp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to any other questions, claim, right, matter, or thing whatsoever, in any way arising out of, or relating to the contract, designs, drawings, specifications, estimates, instructions, orders, or these conditions or otherwise concerning the work or the execution, or failure to execute the same, whether arising during the progress of the work, or after the completion or abandonment of thereof shall be referred to the sole arbitration of a Superintending Engineer of the State Public Works Department unconnected with the work at any stage nominated by the concerned Chief Engineer. If there be no such Superintending Engineer it should be referred to the sole arbitration of the Chief Engineer concerned. It will be no objection to any such appointment that the arbitrator so appointed is a Government Servant. The award of the arbitrator so appointed shall be final, conclusive and binding on all parties to these contract. 5. The learned Subordinate Judge by the impugned order accepted the contention advanced by the respondent as to the invalidity of the appointment of D. Sahu, Superintending Engineer, Irrigation to be the Arbitrator. On a reading of the arbitration clause, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h department called Works Department in the State of Orissa. The term State Public Works Department used in Clause 23 is not apparently non-existent because it is now split into several departments of the Government, one of which is the Department of Irrigation. Further, the words unconnected with the work appearing in Clause 23 did not imply that the Chief Engineer could not appoint D. Sahu, Superintending Engineer, Irrigation to be the Arbitrator or that he was not competent to adjudicate upon the dispute between the parties as he was admittedly act connected with the works in question viz. Excavation of Satankha Distributory with its minor and sub-minor from O.M. to Tail. The words unconnected with the work in Clause 23 do not relate to the department concerned dealing with a works contract in question viz. the Department of Irrigation as here, but to the particular works contract in relation to which the dispute has arisen between the parties. 8. The general rule that grammatical and ordinary sense of the contract is to be adhered to unless such adherence would lead to such manifest absurdity or such repugnance or inconsistency, applies also to building and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... namely: (a) one member chosen from among the officers belonging to the Orissa Superior Judicial Service (Senior Branch); (b) one member chosen from among the officers of the Public Works Department of the State Government not below the rank of a Superintending Engineer; (c) one member chosen from among the officers belonging to the Orissa Finance Service not below the Superior Administrative Cadre in Class I. (3) The member chosen from the Superior Judicial Service (Senior 40 Branch) shall be the Chairman of the Tribunal. (4) The terms and conditions of appointment of the members of the Tribunal and the headquarters thereof shall be as may be determined by the State Government from time to time. (5) The business of the Arbitration Tribunal shall be conducted in such manner as the Tribunal may determine. (6) The Arbitration Tribunal constituted by the State Government under the Arbitration Tribunal Rules, 1979 with its members holding office immediately prior to the commencement of the Arbitration (Orissa Amendment) Act, 1982 shall be deemed to be the Arbitration Tribunal cons ..... X X X X Extracts X X X X X X X X Extracts X X X X
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