THE MANAGING COMMITTEE/GOVERNING BODY OF R.K. ARYA COLLEGE NAWANSHAR, DISTRICT JULLUNDUR Vs. SH. B.S. GOGNA AND OTHERS

JUDGEMENT

(1.) THIS revision petition has been filed by the Managing Committee/Governing Body of R.K. Arya College, Nawanshahr (hereinafter referred to as the Managing Committee), against the judgment of the Subordinate Judge First Class, Amritsar, dated July 19, 1976.

(2.) BRIEFLY the case of the petitioner is that B.S. Gogna, respondent No. I, was appointed as the Principal of R.K. Arya College, Nawanshahr (hereinafter referred to as the College). His service were subsequently terminated. Alter the termination of his services, he made a representation to the Vice -Chancellor, Guru Nanak Dev University, Amritsar, respondent No. 2 (hereinafter referred to as the University) to constitute an arbitration committee under the regulations framed by the University. The University thereafter constituted a Committee consisting of Mr. Lal Singh, respondent No. 3 (nominee of the Vice -Chancellor), Mr. Janki Dass, Advocate, respondent No. 4 (nominee of Principal Gogna) and Mr. Nand Lal, respondent No. 5 (nominee of the College). The Managing Committee instituted an application under section 33 of the Arbitration Act (hereinafter referred to as the Act) in the Court of Subordinate Judge First Class, Amritsar stating that there was no such law under which the University could constitute an arbitration committee and thus the appointment of the said committee was illegal. Some other objections were also taken, but they are not relevant for the decision of the present revision petition.

(3.) THE trial Court held that the constitution of the arbitration committee was valid and the matter could be referred to it by the University, and that the petition under section 31 of the Act was maintainable. Consequently it dismissed the petition. The Managing Committee has come up in revision petition against the order of the Subordinate Judge 1st Class, to this Court.