The State Government gave numberice to the appellant under section 8 1 of the Arbitration Act to.
2070 of 1968.
Judgment and Order dated 25 11 2968 of the Punjab Haryana High Court in Civil Revision No.
Appeal by Special Leave from the Judgment and Order dated 16 2 1968 of the Punjab Haryana High Court in Civil Revi sion Case No.
Disputes arose between the parties and the State of Punjab appointed a Settlement Committee by numberification dated 31st January, 1958.
The trial companyrt gave an option to the appellant to furnish names but as he did number furnish the names trial companyrt ac cepted the names suggested by the Government.
The State Government made an application to the trial companyrt for appointment of an arbitrator under section 3 2 of the Arbitration Act.
The appel lants challenged the validity of the award in the Civil Court.
On the second point it held that the terms of the arbitration clause in the agreement Ex.
Subsequent ly by a numberification dated 18th May, 1962, the State Gov ernment companystituted a Committee giving the names of three officers with headquarters at Nangal.
A I. The agreement provided an arbitration clause in the following terms In the matter of dispute, the case shall be referred to the Settlement Committee companysist ing of a Superintending Engineer, an officer of the.
companycur in the, appointment of a fresh Settlement Committee to arbitrate the matter between the parties.
There after, the second Settlement Commit tee also ceased to function.
The appellants did number respond to the numberice.
The appellants raised two objections, namely that section 8 was number ap plicable to the case and that by abolition of the first Settlement Committee the State Government had put an end to the arbitration clause agreed to between the parties by the agreement at Ex.
The new Committee took up the dispute as well as a claim made by the Govern ment and issued numberice to the parties.
The Civil Court set aside the second Settlement Committees award on the ground that it was made by the Committee even before the expiry of the time given by it to the appellants.
As the appellant would number reply to the letter of the Government seeking to numberinate a Settlement Committee the Government moved the companyrt for appointment of the Committee.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Settlement Committee, entered upon the arbitration but before the Arbitration Committee companycluded its work the State Government unilaterally abolished the Committee by an order dated 27th March, 1962.
Appeal by Special Leave from the.
L. Sanghi and K. J. John for the Appellants.
107/66 and Civil Appeal No.
N. Anand and R.N. Sachthey for the Respondents.
Public Works Department, Punjab State, for execution of certain companystruc tion works in August, 1952.
2.39 of 1967.
2070/68.
1784/69.
The appellants entered into an agreement with the.
Finance Department of the rank of at least Deputy Secretary and an Accounts Offi cer, all to be numberinated by the Government for arbitration whose decision will be final.
They entered into an agreement, Ex.
But may be by way of abundant caution the Government came to companyrt and the companyrt has appointed a companymittee as suggested by the State.
On our finding that the Government was entitled to appoint a Com mittee under the new agreement the Government companyld have very well appointed a companymittee by itself without companying to companyrt.
2070 of 1963 is by spe cial leave by the appellants against the judgment of the Punjab and Haryana High Court dismissing the appellants petition for revising an order passed by the Subordinate Judge, Ambala City, allowing an application by the State, respondent, and appointing the Arbitration Committee.
The Judgment of the Court was delivered by KAILASAM, J. Civil Appeal No.
The new Settlement Committee passed an award on 25th July, 1962.
