Section 16B of The Banaras Hindu University Act, 1915
1[16B. Conditions of service of officers and teachers.--(1) Every salaried officer and teacher of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the officer or teacher concerned.
- (2)Any dispute arising out of a contract between the University and any of its officers or teachers shall, at the request of the officer or teacher concerned or at the instance of the University, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the officer or the teacher concerned and an umpire appointed by the Visitor.
- (3)The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any Court of law.
- (4)No suit or proceeding shall lie in any Court of law in respect of any matter which is required by sub-section (2) to be referred to the Tribunal of Arbitration.
- (5)The Tribunal of Arbitration shall have power to regulate its own procedure.
- (6)Nothing contained in any law for the time being in force relating to arbitration shall apply to arbitrations under this section.]
Summary
- Every salaried officer and teacher must be hired under a written contract, with one copy kept by the University and another given to the employee.
- If a dispute arises over this contract, it is sent to a Tribunal of Arbitration (a special dispute panel) rather than a regular civil court.
- The Tribunal consists of three people: one appointed by the Executive Council, one chosen by the employee, and an umpire (a neutral third party) appointed by the Visitor.
- The Tribunal's decision is completely final, regular arbitration laws do not apply to it, and no court of law can question it or hear suits about it.
Practical examples
FAQ
1. Can an angry teacher sue the University in a local civil court over their employment contract?
No, the Act strictly prevents any court of law from hearing a suit about matters that must go to the Tribunal of Arbitration.
2. Who decides the procedural rules for how the Tribunal conducts its hearings?
The Tribunal of Arbitration has the power to regulate its own procedure.
3. Does the employee get to keep a copy of their employment contract?
Yes, a copy must be furnished to the officer or teacher, while the original is lodged with the University.
Test yourself
Q1.Under Section 16B of The Banaras Hindu University Act, 1915, what is the required composition of the Tribunal of Arbitration used to settle employment contract disputes?
Q2.Under Section 16B of The Banaras Hindu University Act, 1915, what legal restriction applies once the Tribunal of Arbitration makes a decision on a contract dispute?
Q3.Under Section 16B of The Banaras Hindu University Act, 1915, if a dispute arises over an officer's contract, who decides the day-to-day procedures and rules for how the arbitration hearings will run?
Q4.Under Section 16B of The Banaras Hindu University Act, 1915, what formal requirement must be met when hiring every salaried officer and teacher?