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PETITIONER: Dr. S. B. DUTT
Vs.
RESPONDENT: UNIVERSITY OF DELHI
DATE OF JUDGMENT: 03/09/1958
BENCH: SARKAR, A.K. BENCH: SARKAR, A.K. AIYYAR, T.L. VENKATARAMA GAJENDRAGADKAR, P.B.
CITATION: 1958 AIR 1050 1959 SCR 1236
ACT: Arbitration - Award - Direction for enforcement of contract of personal service-Validity-Such direction, if an error on the face of the award-Delhi University Act, 1922 (No. VIII of 1922),s. 45.
HEADNOTE: The appellant, a professor in the respondent University, was dismissed from service by the respondent. He thereupon referred the dispute as to his dismissal and certain other disputes to arbitration under the provisions Of s. 45 of the Delhi University Act. An award was made on the reference which among other things decided that the appellant’s " dismissal was ultra vires, mala fide, and has no effect on his status. He still continues to be a professor of the University ". On proceedings to obtain a judgment on the award: Held, that the award which purported to enforce a contract of personal service disclosed an error on the face of it and must be set aside. High Commissioner for India v. I. M. Lall, (1948) L. R. 75 I. A. 225 and Ram Kissendas Dhanuka v. Satya Charan Law, (1949) L. R. 77 I. A. 128, distinguished. An award may disclose an error on its face though the reason for the erroneous decision was not set out in it. Champsey Bhar...