1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. CIVIL WRIT PETITION NO.2139/2005 (Rewa Ram Vs. State of Rajasthan & Ors.) Date of Order :: 25.07.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.S.K. Malik, for the petitioner. Mr.Nemichand Sharma, for the respondents. Heard learned counsel for the parties. Learned counsel for the respondents raised a preliminary objection with regard to availability of remedy to the petitioner in accordance with the agreement. Learned counsel for the respondents submits that at the time of providing appointment, an agreement was signed between the parties and as per Clause-(iv) of the said agreement, there is a provision for appointment of arbitrator under the Rule 43(b) of the Vidyapith for resolving disputes between employee and employer. The Rule 43(d) of the Rules reads as under:- “43(d) (1) Any dispute arising out of the contract between the Vidyapith and any of its workers shall, at the instance of either the 2 worker concerned or the Vidyapith, be referred not to a court of law but only to a tribunal consisting of: (i)A nominee of the Executive Council; (ii)A nominee of the worker; and (iii)The Chairman of the tribunal appointed by the President of the Vidyapith. (2) The decision of the majority of the tribunal shall be final, conclusive and binding on all the parties concerned.” In this view of the matter, I deem it just and proper to direct respondents to appoint Arbitrator as per Rule 43(d), and refer the dispute in question to arbitrator within a period of two months from today and petitioner may also be given opportunity to file his application with regard to nomination of his member. After appointment of Arbitrator in accordance with Rule 43(d), the dispute so referred shall be decided by the Arbitrator within a period of three months thereafter. With above directions, this writ petition is disposed of. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/-s