RA no. 50 of 2023
1. This review application has been filed seeking review of the order dated 21.10.2021 in AE 41 of 2014 which has directed payment of compensation in terms of order of this Commission dated 05.03.2013 with effect from 05.02.2011 along with interest @ 12% per annum till the date of payment and urged that the effective date from which interest was liable to be paid should have read as 05.10.2009.
2. For the reasons stated in the application for delay condonation of 246 days, the delay is condoned in the interest of justice.
3. As per the order under reference, the date of completion of the project was revised from 05.10.2009 to 05.02.2011 on the basis of Arbitrator’s Award dated 09.01.2015. As seen from the order of the Arbitrator dated 09.01.2015, the appellant was not a party to the arbitration proceedings. Therefore, the order under review which adopted a revised date of completion of the project as per the order of the Arbitrator, cannot be held to apply against the applicant since he was neither made a party before the Arbitrator nor provided an opportunity to present his case. Therefore, there is merit in the contention of the Review Applicant that the date of completion of the project qua him be read as 05.10.2009 and not 05.02.2011.
4. For the aforesaid reasons, the review application is allowed. Paragraph 15 of the impugned order dated 05.02.2011 shall be substituted by the date as 05.10.2009. Paragraph 15 is amended to read as under:
“Completion of the project took place on 05.02.2009 instead of 05.02.2011”.
