Prakash Krishna, J. - (1.) On the joint request of learned counsel for the parties-this appeal itself was heard finally at the admission stage. Counsel for the parties have filed copies of the documents along with affidavits, which have been taken on record.
(2.) The respondent No. 1 was appointed as Librarian on 18.07.1994 by the Committee of Management of Saraswati Vidhya Mandir. In the contract of service there is an Arbitration clause. Clause 19 of the contract of the service, which contains Arbitration clause, is quoted below : "(19) The Committee of the party No. 1 will agree that any dispute arising out of or relating to this contract including any disciplinary action leading to the dismissal or removal from service or reduction in rank etc. shall be referred for Arbitration of any person to be nominated by the Chairman of society running the school and if the Arbitrator fails or neglects to act or becomes incapacitated the Chairman of the society shall nominate any other person to fill the vacancy of Arbitrator."
(3.) It appears subsequently that a dispute had arisen in between the respondent No. 1 and the Committee of Management. The Committee of Management appointed an Inquiry Officer to investigate and record its finding on the alleged misconduct of the respondent No. 1. The Inquiry Officer submitted a report and it was found by him that the respondent No. 1 is guilty of misconduct and recommended termination of his services. The said termination order is dated 2nd November, 1998. Thereafter by letter dated 07.11.1998 the respondent No. 1 invoked aforesaid Arbitration clause and requested the Chairman of Saraswati Shishu Mandir, Shiksha Samiti, to refer all disputes between the parties, as per Arbitration clause for Arbitration. It appears that in pursuance of the aforesaid request the Chairman by letter dated 03.12.1998 appointed one Sri Ram Babu Pathak, Principal, Gandhi Intermediate College, Chhata, District Mathura. By that letter the Chairman referred dispute between the parties for Arbitration. A copy of the said letter has been filed as Annexure SCA-3 to the affidavit. It appears that thereafter the parties filed their pleadings before the Arbitral Tribunal. The Arbitral Tribunal proceeded in the matter and decided the dispute. He framed two questions for decision. The question No. 1 was regarding validity of appointment of the Inquiry Officer. The second question was regarding the alleged misconduct and charges levelled against the respondent No. 1 by the College. The Arbitral Tribunal by Award dated, 25.08.1999 decided both the issues against the respondent No. 1. He found that the appointment of the Inquiry Officer was valid. It also recorded a finding that the charges levelled against respondent No. 1 are proved. Consequently he Awarded termination of respondent's services. The said order was challenged by the respondent No. 1 by invoking Section 34 of the Arbitration and Conciliation Act, 1996 before the Court below. The Court below by order under appeal, has set aside the Award and remanded the matter for fresh consideration by the Arbitral Tribunal with a further direction that departmental appeal filed by the respondent No. 1 be disposed of by the Committee of Management first and thereafter the Arbitral Tribunal shall decide the dispute. Aggrieved against the aforesaid order present appeal from the order under Section 37 of the aforesaid Act has been filed.;