[2026:RJ-JP:24901] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Arbitration Application No. 67/2025 URN: ARBAP / 92U / 2025 Messers Solution And Solution, A Proprietorship Firm Having Its Office At 1899, Bhatton Ki Gali, Opposite Old Vidhan Sabha, Badi Chaupar, Jaipur, Through Its Sole Proprietor Smt. Savita Sharma Wife Of Shri Amit Kumar Sharma, Resident Of House Number 1899, Bhatton Ki Gali, Opposite Old Vidhan Sabha, Chaupar, Jaipur, Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Secretary, Labour And Employment Department Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Building And Other Construction Workers-, Welfare Board (Bocwwb), Rajasthan, Through Its Secretary, Shram Bhawan, Shanti Nagar, Khatipura Road, Jaipur- 302006, Rajasthan. 3. The Labour Commissioner And Secretary, Building And Other Construction Workers, Welfare Board (Bocwwb), Department Of Labour, Government Of Rajasthan, Shram Bahwan, Shanti Nagar, Khatipura Road, Jaipur-302006, Rajasthan. 4. The Additional Labour Commissioner And Joint Secretary, Building And Other Construction Workers (Bocwwb) Welfare Board, Department Of Labour, Government Of Rajasthan, Shram Bhawan, Shanti Nagar, Khatipura Road, Jaipur-302006, Rajasthan. ----Respondents For Petitioner(s) : Mr. Vikram Beniwal For Respondent(s) : Ms. Minakshi Jain HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA Order 03/07/2026 1. There is an application filed by the petitioner seeking appointment of an arbitrator. [2026:RJ-JP:24901] (2 of 3) [ARBAP-67/2025] 2. Learned counsel for the petitioner relies on sub-clause (D) of Clause 8.20 to submit that there is a provision for appointment of an Arbitrator to decide the dispute between the parties. However, Clause 8.20 reads as under:- “8.20. Settlement of Disputes a) General: If any dispute arises between the selected bidder and Board during the execution of a contract that should be amicably settled by mutual discussions. However, if the dispute is not settled by mutual discussions, a written representation will be obtained from the selected bidder on the points of dispute. The representation so received shall be examined by the concerned Procurement Committee which sanctioned the tender. The Procurement Committee may take legal advice of a counsel and then examine the representation. The selected bidder will also be given an opportunity of being heard. The Committee will take a decision on the representation and convey it in writing to the selected bidder. b) If a question, difference or objection arises in connection with or out of the contract/agreement or the meaning of operation of any part, thereof or the rights, duties or liabilities of either party have not been settled by mutual discussions or the decision of tender sanctioning Procurement Committee, it shall be referred to the Secretary, Labour & Employment Department, GoR c) Procedure for reference to the Secretary, Labour & Employment Department, GoR: The selected bidder shall present his representation to the Secretary, Board along with a fee equal to two percent of the amount of dispute, not exceeding Rupees One Lakh, within one month from the date of communication of decision of the tender sanctioning Procurement Committee. The officer-in-charge of the project who was responsible for taking delivery of the services from the selected bidder shall prepare a reply of representation and shall represent the Board stand before the Secretary, Labour & Employment Department, GoR. From the side of the selected bidder, the claim case may be [2026:RJ-JP:24901] (3 of 3) [ARBAP-67/2025] presented by himself or through a lawyer. After hearing both the parties, the Secretary, Labour & Employment Department, GoR shall announce his/her decision which shall be final and binding both on the selected bidder and Board. The Secretary, Labour & Employment Department, GoR, if he/she so decides, may refer the matter to the Board of Principal Secretary, Labour & Employment, GoR for further decision. d) Legal Jurisdiction: All legal proceedings arising out of any dispute between both the parties regarding a contract shall be settled by a competent court having jurisdiction in Jaipur, Rajasthan, after decision of the standing committee for settlement of disputes.” 3. From the above, it is apparent that there is no provision for referring the dispute to arbitration under the Arbitration and Conciliation Act, 1996. 4. The present application filed is conceived and is accordingly dismissed. (SANJEEV PRAKASH SHARMA),ACTING CJ 35/AMAN