Section 29 of The Jamia Millia Islamia Act, 1988
- (1)Every employee 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 employee concerned.
- (2)Any dispute arising out of a contract between the University and any of the employees shall at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Majlis-i-Muntazimah (Executive Council), one member nominated by the employee concerned and an umpire appointed by the Visitor.
- (3)The decision of the Tribunal of Arbitration referred to in sub-section (2), shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal.
- (4)Every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (10 of 1940).
Summary
- Every person employed by the University must have a written contract.
- This contract is kept by the University, and the employee must receive their own copy.
- If a dispute arises from the contract, an employee can request it be sent to a Tribunal of Arbitration.
- The Tribunal has three members: one picked by the Executive Council, one by the employee, and an umpire picked by the Visitor.
- The Tribunal's decision is final, and no civil court can hear a lawsuit about the matter afterward.
- These requests are handled under the rules of the Arbitration Act, 1940.
Practical examples
FAQ
1. Can I sue the University in a regular court over my employment contract?
No, the Act states that no suit shall lie in any civil court for matters decided by the Arbitration Tribunal.
2. Who is on the Arbitration Tribunal?
It includes one member from the University, one from the employee, and one neutral umpire appointed by the Visitor.
3. Is a verbal agreement for a job valid?
No, the Act requires every employee to be appointed under a written contract.
Test yourself
Q1.Under Section 29 of The Jamia Millia Islamia Act, 1988, what must be done with the written contract of an employee?
Q2.According to Section 29 of The Jamia Millia Islamia Act, 1988, how is the umpire of the Tribunal of Arbitration appointed?
Q3.Under Section 29 of The Jamia Millia Islamia Act, 1988, what is the status of a decision made by the Tribunal of Arbitration?
Q4.Under Section 29 of The Jamia Millia Islamia Act, 1988, which specific law governs the submission to arbitration?