6Th September vs Vice Chancellor
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Uttarakhand High Court

6Th September vs Vice Chancellor on 6 September, 2024

                                                2024:UHC:6472



   IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL

         HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI


            ARBITRATION APPLICATION NO. 19 OF 2024



                       6TH SEPTEMBER, 2024



Sandeep Vasist                         ...... Applicant/Petitioner


Versus


Vice Chancellor, University of
Petroleum and Energy Studies,
Dehradun & others                      ......        Respondent



Counsel for the applicant    :   Mr.   Arvind    Kumar    Sharma,
                                 learned counsel

Counsel for the respondent   :   Pulak Raj Mullick, learned counsel
                                 through video conferencing



The Court made the following:


JUDGMENT:

Counsel for the respondents states that as per

Annexure-2, i.e., the agreement entered into between the

parties, at page 19 of the paper-book, there is a clause

which stipulates that in case of a dispute the jurisdiction

will be at New Delhi.

2024:UHC:6472

- 2 -

2) Clause 7 of the agreement entered into between

the applicant and the respondent University (Annexure-2)

is reproduced as under:

"7. JURISDICTION This Agreement shall be construed and enforced in accordance with the laws of India and any action brought hereunder shall be brought in India situated at New Delhi."

3) Counsel for the applicant refers to the order

rejecting the representation of the applicant seeking

appointment of an arbitrator, at page 37 of the paper-

book. Paragraph 10 of the order rejecting the

representation of the applicant speaks about Section

33(3) of the University of Petroleum and Energy Studies

Act. The same is being extracted hereunder:

"10. Section 33(3) of the UPES Act provides as

follows:

"Section 33: ....

(3) Any dispute arising out of the contract between the University and an employee shall, at the request of the employee be referred to a tribunal of arbitration consisting of one member appointed by the Board of Management, one member nominated by the employee concerned and an umpire appointed by the Chancellor..."

2024:UHC:6472

- 3 -

4) Section 33(3) of the UPES Act, at page 38 of the

paper-book, stipulates that in case of dispute between an

employee and the University, the same shall be referred

for arbitration. Since there is a condition for referring the

dispute to an arbitrator, and as per Clause 7 of Agreement

(Annexure-2) the jurisdiction will be New Delhi, the

present arbitration application is being disposed of by

giving liberty to the applicant to approach for appointment

of arbitrator in the jurisdiction of Delhi High Court.

5) With the direction as above, present Arbitration

application stands disposed.

______________ RITU BAHRI, C.J.

Dt: 6th SEPTEMBER, 2024 Negi

HIMA

NSHU 2.5.4.20=bb3b60774012c1ef1dae2 0d13aaf116e73351fdaf687832638 6908a7f90d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80

NEGI 990FC51A722A6BC552D470EB4FD 2F88DDF7C18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2024.09.10 10:35:02 +05'30'