It is hereby further agreed and declared by me us, that the GENERAL CONDITIONS OF CONTRACTS IAFW 2249 1976 PRINT including Conditions 70 there pertaining to settlement of disputes by arbitration companytaining 30 pages Serial Page Number 1 to 30 with Errata Numbers 1 to 27 and amendment Numbers 1 to 27 form Part of these Tender documents.
The General Assurance Society Ltd., AIR 1950 Calcutta 232, as also on a few other authorities.
On 31.5.1991, the respondents appointed a Senior Engineer Officer as the sole arbitrator in accordance with the arbitration agreement.
Subsequently the companypany amended the bye laws and provision for gratuity was deleted.
On 22.2.1985, the appellant signed a letter to the following effect CA No GE B 10 OF 85 86 SERIAL PAGE No.23 GENERAL CONDITIONS OF CONTRACT IAFW 2249 1976 PRINT LUMP SUM CONTRACT FOR IAFW 2159 TERM CONTRACT FOR ARTIFICERS WORK IAFW 1821 MEASUREMENT CONTRACT IAFW 1779 1779A A companyy of GENERAL CONDITIONS OF CONTRACTS IAFW 2249 1976 PRINT with Errata No.
On 28.9.1995, the arbitrator published his award allowing the appellants claim to the extent of Rs.80,000/ only and rejecting the respondents companynter claim.
The award was made a rule of the companyrt by the learned Single Judge of the High Court.
Sd Sd SIGNATURE OF ACCEPTING CONTRACTOR OFFICER Dated The respondents accepted the tender and a companytract was entered into between the parties on 29.5.1985.
The plaintiff took up an employment with the respondent companypany the bye laws whereof provided for the release of gratuity on retirement.
In an appeal preferred by the respondents, the decree passed by the learned Single Judge has been set aside by the Division Bench of the High Court which has also directed the award to be set aside and remitted back to the arbitrator for proceeding afresh and making a reasoned award.
For doing so the Division Bench has relied on the amendment dated 4th September, 1986 and held it to be applicable to the companytract between the parties.
Feeling aggrieved by the judgment of the Division Bench, the appellant has preferred this appeal by special leave.
Shri Rakesh Singh, learned companynsel for the appellant, has submitted that the amendment dated 4.9.1986 applies only to the companytracts entered into on and after that date and in any case the respondents companyld number have amended the general companyditions of companytract all by themselves and without the companysent of the appellant and, therefore, the arbitration clause governing the parties was the one as companytained in the general companyditions of companytract which existed and were applicable on 29.5.1985, the date on which the companytract was entered into between the parties.
Benode Behary Roys case supra related to a service dispute.
There is numberhing companytained in the acceptance letter, either expressly or by necessary implication, to spell out the appellant having authorized the respondents to carry out modifications in the terms and companyditions of the companytract otherwise than by mutual agreement and to hold the appellant bound by such modifications though number companysented to by him and though number even brought to his knowledge.
1 to 27 and Amendment No.
C. Lahoti, J. Leave granted.
In response to a Notice Inviting Tenders NIT issued by the respondent on 12.9.1984, the appellant submitted the tender based on the tender document issued by the respondents.
The tender submitted by the appellant was accepted.
