Judgment

A. K. SARKAR, J. : This appeal arises out of a proceedings for filing an award in Court and obtaining a judgment thereon.

2. The award was made in respect of disputes between the appellant, a professor of the respondent, the University of Delhi, and the respondent. The dispute originally started many years ago and with the passage of time, increased in volume. A narrative of the disputes is necessary for the proper appreciation of the question arising in this appeal and this we now proceed to give.

3. On 10-5-1944, the appellant was appointed Professor of Chemistry by the respondent. In August, 1948, the Government of India appears to have sanctioned a scheme called the Selection Grade for a higher grade of pay for certain professors. The appellant claimed to be entitled to the benefit of this scheme but it was not given to him by the respondent. This was the first dispute between the parties. In March 1949 another professor, Dr. Seshadri, was appointed by the respondent the Head of its Department of Chemistry. The appellant contended that he was the Head of the Department and had been wrongfully superseded by the appointment of Dr. Seshadri as the Head. This gave rise to ano