LAJPAT RAI AGARWAL Vs. ARYA SAMAJ SHIKSHA SABHA

JUDGEMENT

(1.) THIS is plaintiff's revision application against an order of the Civil Judge, Ajmer, setting aside an award which was made in his favour. This order was confirmed on appeal by the learned District Judge, Ajmer.

(2.) THE material facts are these. Shri Lajpat Rai, plaintiff, was appointed a lecturer in the D.A.V. College, Ajmer on 16 -7 -51. He was confirmed on 16 -7 -53 and on 28 -9 -53 agreement was entered into between the plaintiff and the defendant incorporating the terms of his employment. The defendant is the Arya Samaj Shiksha Sabha, Ajmer. It is a registered body, which runs the D.A.V. College, Ajmer. Para 9 of this agreement provides for termination of the services of the plaintiff on the grounds enumerated in Clauses (a) to (f). Para 11 of the agreement provides for arbitration in case of any dispute arising from the termination of services, by a tribunal consisting of the Vice -Chancellor for the time being of Agra University, a judicial officer not below the rank of the District Judge nominated by the Chancellor and person not connected with the D.A.V. College, Ajmer nominated by the Executive Council of the Agra University.

(3.) BEFORE the above Tribunal held a sitting, it was discovered by the Chancellor of the Agra University that the D.A.V. College, Ajmer, had ceased to be affiliated to the Agra University. He accordingly sought legal opinion and was advised that the authorities of the Agra University had no jurisdiction to appoint a Tribunal to decide the dispute between the plaintiff and the defendant. Under the direction of the Chancellor his Secretary wrote a letter dated 26 -12 -57 to the Registrar of the University embodying the above opinion. The Registrar of the Agra University thereupon sent all the papers pertaining to the case to the Registrar of the Rajasthan University for taking such action as the latter University may think fit to take.