- (1.)Petitioner was registered as A-II Class Contractor in the Irrigation Department on 4-10-1985. His registration is valid for five years. He had done some work for the Department and in that connection, he raised a "dispute" claiming Rs. 3,60,214/- from the Department by way of a Reference made to the Tribunal constituted under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam,.1983, for short, 'the Adhiniyam'. He did not pay the requisite Court-fee, but made an application that he be treated as an indigent person and allowed to pursue the reference application without payment of Court-fee. By order dated 10-7-1990, his prayer being rejected by the Tribunal, he has challenged that order before us on the writ, side.
(2.)Although in the impugned order, the Tribunal has found that the applicant/petitioner was possessed of sufficient means to pay the requisite Court-fee of Rs. 11,942/-, in this Court, the legal plea forcefully pressed by Government Advocate, Shri. S.B. Mishra, is that provisions of Order 33, CPC, being not applicable to the proceedings before the Tribunal and otherwise too, there being no inherent jurisdiction vested in that forum to entertain a reference under Section 7 of the Adhiniyam without payment of Court-fee, the petitioner can have no grievance and on that ground, the impugned order ought to be maintained. Being required, therefore, to examine the important question of law which Shri Mishra has raised, we requested Shri R. D. Jain to act as amicus curiae as the petitioner appeared in person and addressed us himself from which we found no assistance. The matter was first heard on 27-8-1990, but Shri R. D. Jain addressed us on 4-9-1990 as amicus curiae.
(3.)Before we proceed to deal with the arguments advanced by Shri Jain, we would like to refer to salient features of the Adhiniyam. In the long title, the object of the Adhiniyam stated is "to arbitrate in disputes to which the State Government or a Public Undertaking owned or controlled by the State Government, is a party, and for matters incidental thereto or connected therewith." The term "dispute" defined in Section 2(d), "means any difference relating to any claim valued at Rs. 50,000 or more, arising out of the execution or non-execution of a works contract or part thereof"; sub-section (2) contemplates that words and expressions used but not defined in the Adhiniyam, would have the meaning assigned to them in the Arbitration Act, 1940. Tribunal is constituted with the Chairman who must be or had been Judge of a High Court and with other members who may be a District Judge of seven years standing or a person holding for not less than five years the post of Revenue Commissioner or other post of equivalent rank and indeed, he may also be a Chief Engineer in the Public Works, Irrigation or Public Health Engineering Department, holding that post for not less than five years. Chapter III deals with commencement of proceeding before Tribunal and Procedure of Tribunal, containing Sections 8 to 15; Chapter IV is concerned with award and orders of Tribunal or its Benches, embracing Sections 16 to 18. High Court's power of revision, contemplated under Section 19 is provided in Chapter V. Miscellaneous provisions are made in Chapter VI which contains Sections 22 to 29.