2015 INSC 0889
                   SUPREME COURT OF INDIA

                   Master Tours & Travels

                      Vs.

                   The Chairman, Shri Amarnath Ji Shrine Board &Ors.

                   C.A.No.14620 of 2015

                   (Kurian Joseph and Arun Mishra, JJ.)

                      15.12.2015

                      JUDGMENT

Kurian Joseph, J.

1. Leave granted.

2. The short question is whether in terms of Clause 13 of the Work Order, the dispute raised
by the appellant should be referred to the Arbitration. The Clause 13 of the Work Order reads
as follows:

"In case of any dispute the matter shall be referred to the Chief Executive Officer -
Shri Amarnathji Shrine Board, whose decision in the matter shall be final."

3. Though learned Counsel for the appellant tried to convince that the aforesaid Clause has to
be read as an Arbitration Clause for settling the disputes between the parties, placing reliance
on the decision of this Court in State of Punjab and Others Vs. Dina Nath1, we are unable to
appreciate the contention in view of the subsequent decision of a three Judge Bench of this
Court in P. Dasaratharama Reddy Complex Vs. Government of Karnataka and Another2, Be
that as it may, in view of the long pendency of the dispute, the learned Counsel for the
appellant submits that appellant may be permitted to invoke the provision for adjudication
before the Chief Executive Officer with the appellant's participation and the same may be
disposed of in a time bound manner.

4. Having heard the learned Senior Counsel appearing for the respondents, we see no reason
to deny the request, accordingly, the appeal is disposed of as follows.

5. The appellant is free to make a comprehensive representation raising all the disputes
before the Chief Executive Officer of Respondent No.1, within a period of four weeks from
today. The Chief Executive Officer shall look into the same and after hearing the appellant
take a final decision in the matter within another six weeks.

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6. No costs.

Judgment Referred.

1(2007) 5 SCC 0028
2(2014) 2 SCC 0201

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