- (1.) Leave granted.
(2.) Challenge in this appeal is to the Judgment dated 10.7.2007 of the Division Bench of the High Court of Uttrakhand at Nanital whereby the Appeal from Order (AO) No.322 of 1998 New No.242 of 2001 filed by Union of India challenging the award of the arbitrator has been partly allowed.
(3.) The grievance made by the appellant before us is that the High Court travelled beyond its jurisdiction in re-appreciating the evidence led by the parties before the arbitrator and by substituting its own conclusions for the conclusions recorded by the arbitrator. It is submitted by the learned counsel for the appellant that the award of the Labour Court had been made the rule of the court by the Court of Civil Judge, Sr. Division, Roorkee (hereinafter referred to as the Civil Court). While considering the objections raised by the Union of India, the Civil Court took due notice of the evidence led by the parties before the arbitrator. It has been specifically held that the arbitrator has not acted beyond the scope of the reference nor can it be said that the arbitrator has misconducted himself in law or procedure.;