- (1.) Leave granted.
(2.) Applicability of Section 5 of the Limitation Act, 1963 (for short the 1963 Act) in the matter of entertaining a revision application before the High Court in terms of Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short the Act) is involved in this appeal which arises out of a judgment and order dated 30th June, 2005 passed by a Full Bench of Madhya Pradesh High Court at Jabalpur in Civil Revision No.1330 of 2003.
(3.) Before embarking on the said question we may notice the statutory provisions of the Act for resolution of the legal issue. The Act came into force with effect from 1st March, 1985. It was enacted to provide for the establishment of a Tribunal to arbitrate on disputes to which the State Government or a Public Undertaking (wholly or substantially owned or controlled by the State Government), is a party, and for matters incidental thereto or connected therewith. The Arbitral Tribunal is constituted in terms of Section 3 of the Act for resolving all disputes and differences pertaining to works contract or arising out of or connected with execution, discharge or satisfaction of any such works contract. Section 7 provides for reference to Tribunal. Such reference may be made irrespective of the fact as to whether the agreement contains an arbitration clause or not. Section 7-A provides for the particulars on the basis whereof the reference petition is to be filed. Section 7-B provides for limitation for filing an application, which is in the following terms :- "7-B. Limitation.- (1) The Tribunal shall not admit a reference petition unless - (a) the dispute is first referred for the decision of the final authority under the terms of the works contract; and (b) the petition to the Tribunal is made within one year from the date of communication of the decision of the final authority : Provided that if the final authority fails to decide the dispute within a period of six months from the date of reference to it, the petition to the Tribunal shall be made within one year of the expiry of the said period six months. (2) Notwithstanding anything contained in sub- section (1), where no proceeding has been commenced at all before any Court proceeding the date of commencement of this Act or after such commencement but before the commencement of the Madhya Pradesh Madhyastham Adhikaran (Sanshodhan) Adhiniyam, 1990, a reference petition shall be entertained within one year of the date of commencement of Madhya pradesh Madhyastham Adhikarn (Sanshodhan) Adhiniyam, 1990 irrespective of the fact whether a decision has or has not been made by the final authority under the agreement. (2-A) Notwithstanding anything contained in sub- section (1), the Tribunal shall not admit a reference petition unless it is made within three years from the date on which the works contract is terminated, foreclosed , abandoned or comes to an end in any other manner or when a dispute arises during the pendency of the works contract : Provided that if a reference petition is filed by the State Government, such period shall be thirty years.";