Section 40 — Tribunal of Arbitration

(1) Any dispute arising out of a contract of appointment referred to in section 37 shall be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Executive Council, one member nominated by the officer or teacher concerned and one member (who shall act as convenor) nominated by the Chancellor.

(2) If for any reason, a vacancy occurs in the office of a member of the Tribunal, the appropriate person or body concerned shall nominate another person in accordance with 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.

(3) The decision of the Tribunal shall be final and binding on the parties and shall not be questioned in any court.

(4) The tribunal of Arbitration shall have the powers :-

(a) to regulate its own procedure;

(b) to order re-instatement of the officer or teacher concerned; and

(c) to award salary to the officer or teacher concerned, after deducting there from such income which such officer or teacher might have otherwise derived during his suspension, removal, dismissal or termination from service.

(5) Nothing contained in any law for the time being in force relating to arbitration shall apply to an arbitration under this section.

(6) No suit or 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 :

Provided that every decision of the Tribunal referred to in sub-section (3) shall be executable by the lowest court having territorial jurisdiction, as if it were a decree of that court.