Tribunal of Arbitration

§36

Summary

(1) Any dispute arising out of a contract of appointment referred to in section 32 or section 35 shall be referred to a Tribunal of Arbitration which shall consist of the following members, namely -- (a) in the case of an officer or teacher of the University, one member nominated by the Executive Council, one member nominated by the officer or teacher concerned, and one member (who shall act as convener) nominated by the Chancellor ; (b) in the case of a teacher of an affiliated or associated college, one member nominated by the management of the college, one member nominated by the teacher concerned, and one member (who shall act as convener) nominated by the Vice-Chancellor ; Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India,, the Convener shall be selected by the nominees of the management and the teacher concerned out of a panel of five persons suggested by the management and approved by the Vice-Chancellor ; Provided further that in the event of their failure to appoint the Convener within the time prescribed the Vice-Chancellor shall nominate a Convener out of the panel. (2) If for any reason, a vacancy occurs in the office of a member of the Tribunal the appropriate person or body concerned shall nominate another person in accordance with provisions of sub-section (1) to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled. (3) The decision of the Tribunal shall be final and binding on the parties and shall not be questioned in any court. (4) The Tribunal of Arbitration shall have the power --- (i) to regulate its own procedure ; (ii) to order re-instatement of the officer or teacher concerned ; and (iii) to award salary to the officer or teacher concerned, after deducting therefrom such income which such officer or teacher might have otherwise derived during his suspension, removal, dismissal or termination from service. (5) Nothing contained in any law for the time being in force relating to arbitration shall apply to an arbitration under this section. (6) No suit or proceedings shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration ; Provided that every decision of the Tribunal referred to in sub-section (3) shall be executable by the lowest court having territorial jurisdiction, as if it were a decree of that court.

(1) Any dispute arising out of a contract of appointment referred to in section 32 or section 35 shall be referred to a Tribunal of Arbitration which shall consist of the following members, namely -- (a) in the case of an officer or teacher of the University, one member nominated by the Executive Council, one member nominated by the officer or teacher concerned, and one member (who shall act as convener) nominated by the Chancellor ; (b) in the case of a teacher of an affiliated or associated college, one member nominated by the management of the college, one member nominated by the teacher concerned, and one member (who shall act as convener) nominated by the Vice-Chancellor ; Provided that in the case of colleges established and administered by a minority referred to in clause (1) of Article 30 of the Constitution of India,, the Convener shall be selected by the nominees of the management and the teacher concerned out of a panel of five persons suggested by the management and approved by the Vice-Chancellor ; Provided further that in the event of their failure to appoint the Convener within the time prescribed the Vice-Chancellor shall nominate a Convener out of the panel. (2) If for any reason, a vacancy occurs in the office of a member of the Tribunal the appropriate person or body concerned shall nominate another person in accordance with provisions of sub-section (1) to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled. (3) The decision of the Tribunal shall be final and binding on the parties and shall not be questioned in any court. (4) The Tribunal of Arbitration shall have the power --- (i) to regulate its own procedure ; (ii) to order re-instatement of the officer or teacher concerned ; and (iii) to award salary to the officer or teacher concerned, after deducting therefrom such income which such officer or teacher might have otherwise derived during his suspension, removal, dismissal or termination from service. (5) Nothing contained in any law for the time being in force relating to arbitration shall apply to an arbitration under this section. (6) No suit or proceedings shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration ; Provided that every decision of the Tribunal referred to in sub-section (3) shall be executable by the lowest court having territorial jurisdiction, as if it were a decree of that court.

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