Supreme Court · 2005 INSC 413 · Decided 12 September 2005
Management Committee of Montfort Senior Secondary School v. Shri Vijay Kumar and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 413 · [2005] SUPP. 3 S.C.R. 137
- Case number
- CIVIL APPEAL No. 6593/2003
- Decided
- 12 September 2005
- Bench
- ARIJIT PASAYAT, H.K. SEMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 32; Arbitration Act Section 8(1)
Headnote
Service Law Delhi School Education Act, 1973-Sec. 8(3), 15-Arbitration and C Conciliation Act, 1996-Sec. 8(1)-Montfort School Staff Rules 1974-Ru/es 23, JI-Termination of Respondent teacher on disciplinary grounds-Appeal pending in Tribunal-Whether dispute has to be referred for Arbitration-­ and once a remedy under one is exhausted it is not permissihle to avail the other-Further held, the principle D of dominus litis has clear application. Words and Phrases-"Judicia/ Authority"-He/d Tribunal is a judicial authority vested with powers of civil appellate court. Respondent
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