PIR MOHD SHAFI Vs. CANTONMENT BOARD

JUDGEMENT

(1.) ORDER :- Petitioners pray that respondents 1 and 2 be directed to file the arbitration agreement arrived at between the petitioners and the authorities and respondent No. 3 be directed to file the award before this Hon'ble Court and the same be set aside. This composite type of application under Ss.20 and 33 of the Arbitration Act has a peculiar history.

(2.) PETITIONERS are retired employees of the respondent No. 1 who were retired from service in 1978, 1982 and 1979 respectively. Services before the Cantonment Board, Badamibagh came under the control of respondent No. 2 in 1954. In 1954 Ministry of Defence, Govt. of India took over the control of the Cantonment Board and the service conditions of the petitioners continued to be governed by the Cantonment Fund Servants Rules framed under S.280 of the Cantonment Act, 1924.

(3.) I have heard learned counsel for the parties. Memorandum of settlement is Annexure-A to the petition. Para 20 of the said memorandum reads as under :-