Petitioners sought a mandamus directing the General Manager to decide on grievances relating to an agreement dispute. The bench directed the respondent to take an expeditious decision within two months without deciding merits.
Respondent directed to take an expeditious decision on the representation within two months.
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Court No. - 36
Case :- WRIT - C No. - 21381 of 2018
Petitioner :- M/S Janta Associates Co. Ltd. And Another Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Rakesh Pande Counsel for Respondent :- Vivek Kumar Rai
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Ajit Kumar,J.
At the outset, learned counsel for the petitioners submits that he does not want to press the prayer No.(a) of the writ petition.
Only prayer made is to issue a writ of mandamus commanding the respondent No.2 to take a decision on the representation made by the petitioners raising the grievances with regard to the order dated 31.5.2018 passed by the Chief Engineer (Construction), North Central Railway (NCR), Headquarters Subedarganj, Allahabad. Submission is that the Arbitration Clause under the agreement signed by the petitioners can be invoked only after a decision is taken by the General Manager namely respondent No.2 on the grievances raised by the petitioners. Submission is that the period of 120 days has been provided under Clause 63 of the General Conditions for settlement of disputes framed under the Indian Railway Arbitration Rules. But in case, the said period is allowed to be availed by respondent No.2, it may cause serious prejudice to the petitioners as the work in question relates to Ardha Kumbh Area which is required to be completed on or before September, 2018.
Shri Rajnish Kumar Rai, learned Advocate holding brief of Shri Vivek Kumar Rai has no objection to the prayer made by the petitioners to issue a direction to the respondent No.2 to take an expeditious decision.
In view of the above, without expressing any opinion on the merits of the claim of the petitioners, the present petition is being disposed of with the directions to the respondent No.2 to take an expeditious decision in accordance with law, preferably, within a period of two months from the date of submission of certified copy of this order under due intimation to the petitioners.
Order Date :- 15.6.2018 Jyotsana
1 issue framed by the court
Whether the respondent must take a decision on the petitioners' grievances regarding the agreement disputes.
M/S Janta Associates Co. Ltd.
Union Of India
Sunita Agarwal
Ajit Kumar
As recorded by the court registry
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