Section 31 of The Maulana Azad National Urdu University Act, 1996
- (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 the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee and an umpire appointed by the Visitor.
- (3)The decision of the Tribunal 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).
- (5)The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.
Summary
- Every person hired by the University must have a written contract.
- The University must keep this contract on file and provide a copy to the employee.
- If a dispute arises from the contract, the employee can ask for the matter to be sent to a special group called a Tribunal of Arbitration.
- This tribunal consists of three people: one chosen by the University's Executive Council, one chosen by the employee, and a neutral third person (an umpire) chosen by the Visitor.
- The decision made by this tribunal is final and cannot be challenged in any regular civil court.
- Making a request for this tribunal is legally treated as an agreement to follow standard arbitration laws from 1940.
Practical examples
FAQ
1. Can a University employee go to a regular court over a contract dispute under the Maulana Azad National Urdu University Act?
No, Section 31 of the Maulana Azad National Urdu University Act, 1996 states that disputes must be settled by a Tribunal of Arbitration and no suit can be filed in a civil court.
2. Who picks the neutral umpire for an employee's arbitration case in the Maulana Azad National Urdu University Act?
According to Section 31 of the Maulana Azad National Urdu University Act, 1996, the neutral umpire is appointed by the Visitor, who is the President of India.
3. Does a teacher at the University need a physical contract under the Maulana Azad National Urdu University Act?
Yes, Section 31 of the Maulana Azad National Urdu University Act, 1996 requires every employee to be appointed under a written contract.
4. What happens if an employee is unhappy with the decision of the arbitration tribunal under the Maulana Azad National Urdu University Act?
Under Section 31 of the Maulana Azad National Urdu University Act, 1996, the decision of the Tribunal of Arbitration is final, meaning there is no further legal path to change it.
Test yourself
Q1.Under Section 31 of The Maulana Azad National Urdu University Act, 1996, where must the University keep the original written contract of an employee?
Q2.Under Section 31 of The Maulana Azad National Urdu University Act, 1996, who has the legal right to request that a contract dispute be referred to a Tribunal of Arbitration?
Q3.Under Section 31 of The Maulana Azad National Urdu University Act, 1996, what is the legal weight of the decision made by the Tribunal of Arbitration?
Q4.Under Section 31 of The Maulana Azad National Urdu University Act, 1996, how many members make up the Tribunal of Arbitration?