G.R.SHARMA Vs. VISHNU SANATAN DHARAM COLLEGE SOCIETY AND TRUST
HIGH COURT OF HIMACHAL PRADESH
VISHNU SANATAN DHARAM COLLEGE SOCIETY AND TRUST
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DEVINDER GUPTA,J. -
(1.) Petitioner was Principal of respondent No. 1, College which is affiliated to respondent No. 2, University. Services of petitioner were dispensed with by an order passed on 16th of December, 1987 by the Managing Committee of the College. Petitioner, thereafter approached respondent No 2, for constituting the Arbitration Tribunal in view of the provisions contained in Rule 37 of the Rules RELATING TO THE TEACHERS OF NON -GOVERNMENT COLLEGES framed under para 38.v of the 1st Ordinance of the H. P. University 1973, This request of the petitioner was acceded to and an Arbitration Tribunal was ordered to be constituted by respondent No.
(2.) Respondent No 5, was appointed by the petitioner and respondent No. 4, was appointed by respondent No. 1, as their nominees to the Arbitration Tribunal. In accordance with the aforementioned rule, respondent No. 2, appointed respondent No. 3, a retired Judge of this Court, as an Umpire of the Tribunal Arbitrators as well as Umpire made their separate awards which the Umpire forwarded to the Registrar of respondent No. 2 University. No notice was given either by the Arbitrators or by the Umpire to the petitioner of the making and signing of the award as per the requirement of sub -section (1) of section 14 of the Arbitration Act, 1940, hereinafter referred to as the Act. By moving this application, the petitioner has sought direction against the respondents for filing or causing the award to be filed in Court.
(2.) Notice of the application was given to the third respondent in response to which a reply was sent by him to the Court pointing out that the Tribunal conducted the arbitration proceedings and after conclusion of the proceedings, awards of two Arbitrators along with his own award dated 23 -5 -1990 in his capacity as Umpire, were handed over on 1 -6 -1990 in the office of the Vice -Chancellor of respondent No. 2, University, It is the stand of the Umpire that since he has already handed over the awards to respondent No. 2, University, it is only respondent No. 2, who can be directed to file arbitration award before ,the Court as no documents are available with him.;
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