The Central Registrar has ordered arbitration in the matter of reorganization of constituencies in NCUI on a petition filed by National Labour Co-op Federation NLCF, which may lead to postponement of the election scheduled for March 2020. Registrar Vivek Aggrawal has appointed Vriti Anand as the Sole Arbitrator in the case.
In its order the Arbitrator has asked NCUI not to take any decision regarding the election and reply its queries by January 3rd. The Governing Council meeting of NCUI scheduled for today that is December 26, thus cannot take any decision either on election date or on selection of the RO.
In its order Vriti Anand, Sole Arbitrator writes “I have heard the Ld. Counsel for the Claimants in detail and have gone through the documents. The relief of ad-interim order at the stage of first procedural hearing of the arbitration proceedings may not be passed as a routine, but in view of the submissions made above, the Claimants have been able to establish a prima-facie case for grant of ad-interim order. The Claimants have also been able to show that the balance of convenience is in their favor.
The Claimants have been able to show that if the interim measures are not granted, the purpose of filing the petition will get frustrated and Claimants shall suffer irreparable injury. Therefore, considering the facts of the present case and documents placed on record, the Tribunal is of the view that in the interest of justice the Claimants are entitled to interim order for stay on the proposed agenda items No. 5, 6, 7 & 9 in respect of 195th meeting of Governing Council to be held on 26.12.2019.
In view of the above, it is directed that the Respondent shall not take any decision regarding election for the constitution of Governing Council of Respondent and there shall be stay on placing of Agenda Items No. 5, 6, 7 & 9 in the 195th meeting of Governing Council to be held on 26.12.2019, till the next date of hearing.
The notice is issued on the application U/s. 17 of Arbitration & Conciliation Act, 1996. The reply to the interim application may be filed by the Respondent on the next date of hearing.
At request, the Claimants are at liberty to serve the Respondent by hand. The affidavit of service shall be filed on the next date of hearing.
The matter is fixed for 03.01.2020 at 3:00 P.M. at D-84, Naraina Vihar, Delhi – 110024 for disposal of interim application and further proceedings.”
