R. A. MEHTA, S. K. KESHOTE, J. ( 1 ) THE District Panchayat is aggrieved by the judgment and order of rejection of the plaint on a preliminary ground of jurisdiction of the Civil Court. The dispute was relating to the work contract and therefore, a contention was raised that jurisdiction of the Civil Court is excluded by the provisions of Section 13 of the gujarat Public Works Contracts Disputes arbitration Tribunal Act, 1992 (hereinafter referred to as the Act ). ( 2 ) UNDER Section 8 of the said Act where any dispute arises between the parties, and the Tribunal has jurisdiction to deal with or decide any question which the Tribunal is empowered to deal with and decide. Relying upon this provision, the Civil Court has rejected the plaint. The learned Advocate for the appellant submits that even though it is a dispute relating to works contract, it is not a works contract as defined in Section 2 (k) of the aet and between the parties contemplated by Section 2 (k) of the Act. Section 2 (e) defines as dispute as under: "dispute" means any difference relating to any claim, valued at any amount equal to or exceeding fifty thousand rupees, arising out of the execution or non-execution of the whole or part of a works contract. " works contract is defined in Section 2 (k) as under:"works contract" means a contract made by the State Government or the public Undertaking with any other person for the execution of any of its works relating to construction, repairs or maintenance of any building or superstructure, dam, well, canal, reservoir, tank, lake, road, well, bridge, culvert, factory or workshop or of such other work of the State Government or, as the case may be, of the public undertaking, as the state Government may, by notification in the Official Gazette specify and includes. . . . "admittedly, said works contract is not a contract made by the State Government or any public undertaking. . . . "admittedly, said works contract is not a contract made by the State Government or any public undertaking. Public undertaking is defined in Section 2 (i) which means a company in which not less than fifty-one per cent of the paid up share capital is held by the State Government or any company which is a subsidiary or any corporation established by or under a central Act or a State Act and owned or controlled by the State Government and such class of local authorities as the State government may by notification in the official Gazette specify. There is no such notification. It is thus clear that the dispute is not covered by the definition of the dispute works Contract in Section 2 (k) of the Act and therefore, under the act, the Arbitration Tribunal cannot entertain this dispute. ( 3 ) IN fact the appellant had already approached the Arbitration Tribunal and the Tribunal has inhumed the appellant that such a dispute cannot be entertained by the arbitration Tribunal. ( 4 ) IN the result, the impugned judgment and order of the trial court is quashed and set aside and the trial court is directed to proceed with the suit in accordance with law. The Appeal is allowed. No order as to costs. Since the trial court had decided the suit on a preliminary issue and the matter is now remanded back to the trial court, court fee refund to be given under Section 15 of the Bombay Court Fees Act, if permissible. The office to examine and act according to law. .