Section 28 of The National Institute of Fashion Technology Act, 2006
- (1)Any dispute arising out of a contract between the Institute and any of its employees shall, at the request of the employee concerned or at the instance of the Institute, be referred to a Tribunal of Arbitration consisting of one member appointed by the Institute, one member nominated by the employee and an umpire appointed by the Visitor.
- (2)The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court.
- (3)No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration.
- (4)The Tribunal of Arbitration shall have power to regulate its own procedure.
- (5)Nothing in any law for the time being in force relating to arbitration shall apply to arbitration under this section.
Summary
- If there is a contract dispute between the Institute and one of its employees, it goes to a special Tribunal of Arbitration, which is a private panel of judges.
- The Tribunal is made up of three people: one chosen by the Institute, one chosen by the employee, and an umpire chosen by the Visitor.
- The decision made by this Tribunal is final and cannot be challenged in any regular court.
- Employees and the Institute are not allowed to file a lawsuit in a regular court regarding these contract disputes.
- Standard national laws about arbitration do not apply to this special Tribunal.
Practical examples
FAQ
1. Can I take the Institute to the high court if they break my employment contract?
No, you must resolve the dispute through the Tribunal of Arbitration.
2. Who decides the rules for how the Tribunal runs its hearings?
The Tribunal has the power to regulate its own procedure.
3. Does the regular Arbitration Act apply to these disputes?
No, standard arbitration laws in force do not apply to this specific tribunal.
Test yourself
Q1.Under Section 28 of The National Institute of Fashion Technology Act, 2006, how is the umpire of the Tribunal of Arbitration chosen?
Q2.Under Section 28 of The National Institute of Fashion Technology Act, 2006, what is the legal standing of the decision made by the Tribunal of Arbitration?
Q3.Under Section 28 of The National Institute of Fashion Technology Act, 2006, what rules govern the procedure that the Tribunal of Arbitration must follow during a dispute?
Q4.Under Section 28 of The National Institute of Fashion Technology Act, 2006, who can trigger the request to refer a contract dispute to the Tribunal?