Life Line Hospital And Research ... vs The Employees State Insurance ...
2023 Latest Caselaw 5168 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
                     REQUEST CASE No.52 of 2023
======================================================

Life line Hospital & Research Centre, Rep. through Hemant Kumar, Male, aged about 45 years, S/o Shri Niranjan Prasad Singh, at Nipania, Main Road, Ward No. 01, P.S.-Begusarai, Dist.-Begusarai, Barauni, Bihar.

... ... Petitioner/s Versus The Employees State Insurance Corporation through State Medical Commissioner, Regional Office, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna-800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Bipin Bihari, Advocate For the Respondent/s : Mr.Sudhir Kumar Bijpuria, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 07-10-2023

The request is for the appointment of an Arbitrator.

2. Learned counsel for the respondent submits that

there is a specific provision provided under the arbitration

clause for resolution of disputes and in pursuance of that there

was a Committee constituted which conducted an inquiry in

which the petitioner and his representative participated. The

Committee has categorically found that excess payment was

made.

3. Learned counsel for the request petitioner submits

that according to the specific arbitration Clause-26, as is seen

from Annexure-3, a reference shall be made for arbitration by

the SSMCs/SMCs/D (M) D/M.S. who will give a written award

of their decision. In fact, no such reference was made by the Patna High Court REQ. CASE No.52 of 2023 dt.07-10-2023

respondent and as of now there could be no arbitration

conducted by the employees of the respondent going by Section

12(5) of the Arbitration & Conciliation Act, 1996.

Clause 26 of the agreement is extracted hereunder:-

"(26) ARBITRATION:- If any dispute or differences of any kind whatsoever (the decision whereof is not herein otherwise provided for) shall arise between the ESIC and the Hospital upon or in relation to or in connection with or arising out of the Agreement, shall be referred to for arbitration by the SSMCs/SMCs/D (M) D/M.S. who will give written award of his decision to the parties. The decision of the arbitrator will be final and binding. The provisions of the Arbitration and Conciliation Act, 1996 shall apply to the arbitration proceedings. The venue of the arbitration proceedings shall be at Patna."

4. The contention of the respondent as is found from

the counter affidavit is that a Committee was constituted

comprising of SMO-Bihar, two doctors from the ESIC Model

Hospital, Phulwarisharif, Patna and one from ESIC Medical

College Hospital, Bihta and a Dental Surgeon with Pharmacist

and Assistant Director (Medical) from the Regional Office,

Patna. It is Annexure-F Committee Report that is relied on by

the petitioner. The arbitration clause does not provide for any

reference to a Committee constituted by the respondent. In fact,

Section 12(5) stands against such constitution of a Committee Patna High Court REQ. CASE No.52 of 2023 dt.07-10-2023

comprising of the employees of the respondent. In such

circumstances, it is only proper that an Arbitrator be appointed

to decide the dispute.

5. As such, as agreed by the parties, Hon'ble Mr.

Justice Shailesh Kumar Sinha, a former Judge of the Patna

High Court, is appointed as learned Arbitrator to adjudicate all

disputes arising out of the agreement entered into between the

parties to the lis.

6. All pleas and issues raised, on merits, are left open

to be considered and decided by the learned Arbitrator.

7. The learned Arbitrator shall be entitled to fee as

per the schedule of the Act.

8. Since the dispute arises out of an agreement

dated 1st of March, 2016, the hearing be expedited.

9. The question of limitation, if at all raised, shall

also be decided by the Arbitrator.

10. Joint Registrar (List) is directed to communicate

the order to the learned Arbitrator.

11. Learned counsel for the parties also undertake to

communicate the order to the learned Arbitrator.

12. The Arbitral Tribunal shall issue notice to the

respondent.

Patna High Court REQ. CASE No.52 of 2023 dt.07-10-2023

13. The Request Petition stands disposed of in the

above terms.

(K. Vinod Chandran, CJ) P.K.P./-

AFR/NAFR
CAV DATE
Uploading Date          10.10.2023
Transmission Date