1 arbp59-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.59 OF 2011 M/s.Zulash Clearing & Shipping Agency ...Petitioner vs. M/s.Rashtriya Chemicals & Fertilizers Ltd. ...Respondent --- Mr.Vaibhav Krishan with Mr.Nilesh Masurkar i/b. Juris Consillis, for Petitioner. Mr.Bomi Patel with Ms.Prachi Mhatre i/b. M.S.Bodhanwala & Co., for Respondent. --- CORAM: D.K.DESHMUKH, J. DATED: 24th June,2011. P.C.:- 1. Admit. Heard finally by consent of parties. 2. It is common ground that an Award has been made against the Petitioner by the learned Arbitrator on a finding that “the Memorandum of Settlement dated 7.7.2007 is binding on the Claimant.” Perusal of Memorandum of Settlement dated 7.7.2007 shows that it 2 arbp59-11 recites that “This settlement shall be applicable to all mathadi workers working in the period from 01.01.2005 onwards and to the mathadis joining in future, who are registered with the Railway Labour Board and directly allotted to RCF in different tolles, excluding the mathadis engaged by the contractors in RCF.” Thus this clause excludes operation of this settlement to the mathadis engaged by the contractors. The Petitioner is a contractor of the Railway and he has engaged mathadis, therefore, before recording the finding that settlement dated 7.7.2007 is binding on the claimant, the Arbitrator was under an obligation to disclose reasons why he is recording that finding in spite of exclusionary clause quoted above. That has not been done, therefore, the Award has to be set aside. It is accordingly set aside. The petition is disposed of. (D.K.DESHMUKH, J.) ---