Gurusharan Sharma, J. - (1.) In respect of contract agreement No. 1/S.M.C./87 -88 dated 23rd September, 1987, for construction of Aqueduct at k.m. 2.77 of Chandil left bank canal under Subarnrekha Multipurpose Project, the Contractor, M/s. Mukherjee Brothers raised certain claims, which were referred to Sri M.C. Chopra. the sole Arbitrator, under arbitration clause of the said agreement.
(2.) On 14.6.1991 the Arbitrator, who was Chief Engineer, Subarnrekha Canal Division, Jamshedpur, submitted award, wherein claim Nos. 4, 6, 7, 9 and 10 were allowed in part and a total amount of Rs. 11,99,500/ - was awarded. Both. Executive Engineer as well as M/s. Mukherjee Brothers filed objections under Ss. 30 and 33 of the Arbitration Act. 1940, to the Award respectively on 7.8.1992 and 21.8.1992. 2. By impugned judgment/ order dated 19th September, 1994. First Subordinate Judge, Jamshedpur. has set aside the Award. It was observed that, in fact, the contract period was for two years and there was delay of few days in supply of materials and payment of bill on some occasions, which took place due to un - avoidable circumstances and in usual course of business.
(3.) The Arbitrator did not consider clause No. 48 and wrongly allowed Rs. 5,64,000/ - as damages and loss of idling of labour and machineries during strike period. If there was strike of Government employees the department had no control over it and it was also not possible to avoid it. So the Award in relation to damages and loss of idling of labour and machineries due to the strike of the Government employees was not justified.;