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Civil · Reportable judgment

State of Uttar Pradesh and Another vs R.K. Pandey and Another

Court
Supreme Court of India
Date
9 January 2025
Case No.
Civil Appeal No. 10212 of 2014
Result
Allowed
Bench
Sanjiv Khanna, Sanjay Kumar, R Mahadevan
Citation
[2025] 1 S.C.R. 403 : 2025 INSC 48
Acts & Sections
Arbitration and Conciliation Act, 1996 CPC Limitation Act 1963
Supreme Court Reports [2025] 1 S.C.R. 403 : 2025 INSC 48
Issue for consideration
Matter pertains to the enforceability of the ex-parte awards against the employer-State Government and the principal of the medical college, when the employer objected the authenticity of the arbitration agreement relied on by the employee.
Headnote

Arbitration and Conciliation Act, 1996 – Ex-parte arbitral awards – Enforcement by employee, when denial of the authenticity of the arbitration agreement by employer – Service dispute by the employee against the State Government and the government hospital where he was employed as regards age of superannuation – Writ petition remained pending for 12 years, thereafter was withdrawn – Year before, the employee initiated arbitration proceedings against the State Government and the principal of the medical college – Suit for reference filed which was later withdrawn without any decision on merits with the two sole arbitrators appointed by the employee, suo moto taking up the arbitration proceedings and pronouncing the two awards, for an amount of around Rs.46 lakhs with interest against the State and the Principal of the Medical College – Thereafter, employee sought enforcement of ex-parte awards – Employer objected the authenticity of the arbitration agreement relied on by employee – However, the courts below dismissed the objections – Correctness:

Read the full headnote (1 more paragraph)

Held: Arbitration agreement is sine qua non for arbitration proceedings, as arbitration fundamentally relies on the principle of party autonomy-right of parties to choose arbitration as an alternative to court adjudication – Existence of the arbitration agreement is a prerequisite for an award to be enforceable in the eyes of law – On facts, arbitration proceedings were a mere sham and a fraud played by employee, by self-appointing/nominating arbitrators, who have passed ex-parte and invalid awards – Clear case of lack of subject matter jurisdiction – So-called arbitration agreement nowhere available on the records of either the Municipal Corporation or the State – Employee did not file the original agreement since he was not in possession of the same, nor is he a signatory and party to the arbitration agreement – Hospital and the Governor did not endorse any such agreement – Arbitration Agreement is not referred to in the indenture of the transfer executed – No evidence to show the existence of the arbitration agreement, except a piece of paper, which is not even a certified copy or authenticated copy of the official records – Notwithstanding that the claims made by employee were ex-facie and clearly barred by limitation as per s.3 of the Limitation Act 1963 rw s.43 they have been allowed – Thus, ex parte awards set aside and to be treated as null and void and non-enforceable in law – Impugned judgment set aside. [Paras 20-25]

Keywords: Enforceability of ex-parte awards · Authenticity of the arbitration agreement · Ex-parte arbitral awards · Age of superannuation · Arbitration proceedings · Arbitration agreement · Lack of jurisdiction · Certified copy or authenticated copy of official records · Unilateral appointment of arbitrator by employee · Barred by limitation · Jurisdiction · Execution proceedings

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Sanjiv Khanna, CJI Delay condoned. 2. This appeal arises from an order dated 28.02.2012 passed by a Division Bench of the High Court of Judicature at Allahabad in First Appeal from Order Defective No. 352/2012. 3. The facts, in brief, are – Respondent no. 1, R.K. Pandey, was appointed as a Lab Assistant/ Technician in the T.B. Section of Dina Nath Parbati Bangla Infectious Disease1 Hospital located at Kanpur. The Municipal Board of Kanpur set up this hospital on the land given by the Kanpur Improvement Trust in 1944-45. 4. On 17.07.1956, DNPBID Hospital was taken over by the Stat
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