WA 108/2007 BEFORE THE HON’BLE MR JUSTICE D. BISWAS, CHIEF JUSTICE (ACTING) THE HON’BLE MR. JUSTICE B.P. KATAKEY This appeal is directed against the judgment and order dated 26.2.2007 p assed by the learned Single Judge in W.P.(C) No.5822 of 2006 whereby the writ pe tition filed by the appellant assailing the legality and validity of the letter dated 26.10.2006 issued by the General Manager, Construction, North Eastern Fron tier Railways, rescinding the work order assigned to the appellant has been disp osed of with direction to the petitioner to raise the dispute before the authori ty concerned for reference of the dispute to the arbitrator. It may be mentione d here that the works contract has been rescinded for alleged default on the par t of the appellant in pursuance of the provisions of Clause 62 of the General Co ndition of Contract, 1988. Aggrieved thereby, the appellant as writ petitioner filed the aforesaid writ petition. The learned Single Judge apparently dismissed the writ petition o n the ground that the agreement entered into by the parties also includes a clau se requiring any dispute to be referred to the arbitration for resolution. The l earned Single Judge disposed of the writ petition with liberty to the appellant to raise dispute before the authority concerned who may in tern make necessary r eference to the arbitrator as per arbitral clause. We have heard Mr. G. Uzir, learned counsel for the petitioner and also M rs. U. Chakraborty, learned counsel for the Railways. We have also considered th e judgment under appeal and other relevant documents including the arguments mad e by the parties. There is no dispute at the Bar and it also appears from the ma terials on record that the parties are bound by the agreement to refer the dispu te arising out of the works contract assigned to the appellant to the arbitratio n proceedings. We, therefore, find no material on record for interference with the judgment under appeal. Consequent upon above observation, we dispose of this appeal with the ob servation that the appellant may within 30 days from today approach the authorit y concerned for making necessary reference to the arbitrator in accordance with the arbitration agreement and, on receipt of any such demand from the appellant, the authority concerned shall, within 15 days next, refer the matter to the arb itrator. Till the above period of six weeks, no action in pursuance of the dire ction of the learned Single Judge shall be initiated by the respondent authoriti es except the tender process which has been floated by the respondent authoritie s. The appellant, if he has submitted his tender documents in pursuance of the t ender, would be entitled to consideration of his case for assignment of further works independent of the dispute relating to the earlier contract.