Judgment

Arijit Pasayat, J.—Judgment of a learned Single Judge of the Delhi High Court holding that the Delhi School Tribunal (in short the ‘Tribunal’) while hearing appeal of a dismissed employee of the appellant-school preferred under Section 8(3) of the Delhi School Education Act, 1973 (in short the ‘Act’) was not required to refer the appeal to an arbitrator on an application being filed before it by the management of the school under Section 8(1) of the Arbitration and Conciliation Act, 1996 (in short the ‘Arbitration Act’) is under challenge in this appeal.

2. Factual position is almost undisputed and it is unnecessary to set out the details. In a nutshell the same is as follows:

Managing Committee of an un-aided minority institution is the appellant. The respondent No.1- Vijay Kumar (hereinafter referred to as the ‘employee’) was working as an Assistant Teacher in the school known as Montfort Senior Secondary School (hereinafter referred to as the ‘School’). Disciplinary action was taken against him and by order dated 4.5.2000 the Managing Committee terminated his services. Against the order of termination, an appeal was preferred before the Tribunal under Section 8(3) of the A