- (1.) In this case the question for consideration is whether an arbitrator is entitled to consider the award of interest with reference to pre-reference period. Strong reliance is placed on behalf of the appellants on the decision of this court in State of orissa v. B. N. Agarwalla. Learned counsel for the respondents brings to our notice the decision of this court in Secy. , Irrigation Deptt. v. G. C. Roy which contains certain observations which may be inconsistent with the observations made in Agarwalla case. We think, therefore, it will be appropriate to place it before a three-Judge bench. court Masters;