P.K.Majumdar, J. - (1.) THIS is an appeal from judgment and order dated 25th July 1984 passed by learned Single Judge of this court taking arbitration matter.
(2.) THE respondent State of West Bengal made an application under sections 30 and 33 of the Arbitration Act for setting aside an award dated 17th September, 1983 passed by the Sole Arbitrator, a retired Judge of this Court. THE respondent State of West Bengal challenged the award, inter alia, on the following grounds : (a) the learned arbitrator travelled beyond the scope of the submission ; (b) by allowing the appellant's claim under item No. 4(a) in the schedule, the learned arbitrator had acted without jurisdiction ; (c) the learned arbitrator by allowing the appellant's claim on idle labour had acted in express violation of the express term of the agreement under Clause 24 : and (d) the learned arbitrator had misconducted seriously by awarding interest. The learned counsel for the respondent contended before the court of first instance that the learned arbitrator had no jurisdiction to entertain the appellant's claim for cost and carriage of earth as these disputes were outside the purview of the agreement between the parties.
(3.) THE next contention of the respondent before the court of first instance was that there was an express clause in the contract totally absorbing the respondent from its liability to pay for idle labour.;