Central Universities Act, 2009 > Section 33

Section 33 of the Central Universities Act, 2009: Conditions of Service of Employees

Section 33 of the Central Universities Act, 2009 regulates an important part of the employment relationship between a Central University and its employees. It requires appointment under a written contract and creates a statutory mechanism for referring contractual disputes to a Tribunal of Arbitration, while expressly preserving constitutional remedies under Articles 32 and 226 of the Constitution of India.

Updated: 15 September 2026

What Section 33 provides

Section 33 - Conditions of service of employees, etc.

(1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.

(2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Executive Council, one member nominated by the employee concerned and an umpire appointed by the Visitor.

(3) The decision of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matters decided by the Tribunal:

Provided that nothing in this sub-section shall preclude the employee from availing of the judicial remedies available under Articles 32 and 226 of the Constitution.

(4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (26 of 1996).

(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.

Meaning and legal effect of Section 33

1. Written contract of employment is required

Sub-section (1) requires every University employee to be appointed under a written contract. The contract must be kept with the University, and the employee must receive a copy. This requirement creates a formal written record of the terms governing the appointment and service relationship.

2. Contractual disputes may be referred to a Tribunal of Arbitration

Under sub-section (2), when a dispute arises out of the employment contract, the employee may request reference of that dispute to a Tribunal of Arbitration. The Tribunal consists of three persons: one member appointed by the Executive Council, one member nominated by the employee, and an umpire appointed by the Visitor.

3. Civil suit is barred for matters decided by the Tribunal

Sub-section (3) states that the Tribunal's decision is final and that no civil suit lies in respect of matters decided by it. The same provision, however, expressly protects the employee's constitutional remedies under Articles 32 and 226.

4. Constitutional remedies remain available

Article 32 concerns the right to move the Supreme Court for enforcement of rights conferred by Part III of the Constitution. Article 226 empowers High Courts to issue appropriate directions, orders and writs for enforcement of fundamental rights and for other purposes. Section 33(3) specifically preserves these constitutional remedies notwithstanding the statutory finality attached to the Tribunal's decision.

5. Statutory arbitration framework

Sub-section (4) treats an employee's request under Section 33(2) as a submission to arbitration on the terms of Section 33 within the meaning of the Arbitration and Conciliation Act, 1996. Sub-section (5) further provides that the procedure regulating the Tribunal's work is to be prescribed by the University's Statutes.

Practical point: Section 33 should be read together with the applicable Statutes of the particular Central University, because those Statutes prescribe the procedure regulating the work of the Tribunal. Section 35 of the Central Universities Act also separately provides a right of appeal to the Executive Council in the circumstances stated in that section.

Key points at a glance

  • Every University employee is to be appointed under a written contract.
  • A copy of the employment contract must be furnished to the employee.
  • An employee may request arbitration of a dispute arising out of the contract.
  • The Tribunal includes a University nominee, an employee nominee and an umpire appointed by the Visitor.
  • A civil suit does not lie regarding matters decided by the Tribunal.
  • Remedies under Articles 32 and 226 of the Constitution are expressly preserved.
  • The arbitration request is treated as a statutory submission to arbitration under the Arbitration and Conciliation Act, 1996.
  • The Tribunal's working procedure is governed by the applicable University Statutes.

Official legal sources

For authoritative and updated statutory material, refer to the official Government of India sources below.

Central Universities Act, 2009 - India Code Arbitration and Conciliation Act, 1996 - India Code Constitution of India - Legislative Department

Related provisions

Readers may also refer to Section 32 - Returns and information, Section 34 - Appeal and arbitration in disciplinary cases against students, and Section 35 - Right to appeal.