- (1.)THE Court : In the instant application the petitioner, Union of India has challenged an Award passed by the Joint Arbitrators dated 13th October, 1993 inter alia on the ground that Arbitrator has acted in excess of the power conferred upon him. THE Arbitrators made an Award for Rs. 5,54,735 in favour of the complainant as against the claim of Rs. 18, 97,938. It is the contention of Mr. S. K. Mina, learned Advocate for Union of India that the Arbitrator have exceeded their jurisdiction and have passed an Award contrary to the Agreement.
(2.)IN this connection, Mr. Mitra has referred to General Conditions of Contract of the Eastern Railway, which forms a part of the Agreement between the parties. He has further submitted that Claim No. 1(a), Item 3 of Agreement, namely Removal of Boulders amounts to extra/additional work done by the contractor without obtaining permission of Railway Engineer as required in Clause 39 and 42 of the General Conditions of Contract.
He has further contended that no permission of Railway Engineer was obtained for doing such extra work nor was the rate fixed as required under Rule 39 and 42 of the General Conditions of Contract. Although Mr. Mitra has not disputed that such extra work was done under the supervision of Railway Engineer, according to him, the same however does not confer jurisdiction on Arbitrators to travel beyond the Contract.

(3.)HE has further submitted that it is a jurisdictional error and Court can interfere with the Award. Court can under such circumstances look into the contract to consider if the Arbitrator has exceeded his jurisdiction or gone beyond the limit of the Contract.
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