38. Tribunal of Arbitration.-
(1) Any dispute arising out of a contract of employment referred to in section 37, including a dispute relating to the non-compliance of the provisions of this Act, the Statutes or the Ordinances, shall, at the request of the adhyapaka, be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Karma-Samiti (Executive Council), one member nominated by the adhyapaka concerned and one member (who shall act as umpire) nominated by the Paridarsaka (Visitor).
(2) Every request made under sub-section (1) 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), and all the provisions of that Act, with the exception of section 2 thereof, shall apply accordingly.
(3) If, for any reason, a vacancy occurs in the office of a member of the Tribunal of Arbitration, the appropriate body or person concerned shall nominate another person in accordance with the provisions of sub-section (1) to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.
(4) The decision of the Tribunal of Arbitration shall be final and binding on the parties.
(5) The Tribunal of Arbitration shall have the power-
(a) to regulate its own procedure;
(b) to order reinstatement of the adhyapaka concerned; and
(c) to award salary to the adhyapaka concerned, after deducting therefrom such income, not being income from property, as such adhyapaka might have derived during the period of his suspension or during the period intervening between the date on which he was removed or dismissed from service or, as the case may be, his service was terminated, and the date on which he is reinstated:
Provided that the income which could have been derived by the adhyapaka concerned shall not be taken into account if, at the time when the income was derived, he could have derived such income had he not been suspended or removed or dismissed from service or if his service had not been terminated.
(6) No suit or other proceedings 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.
1. Subs. by Act 31 of 1984, s. 23, for sections 37 and 38 (w.e.f. 8-8-1984).