PETITIONER:
MADHYA PRADESH TRIATHLON ASSOCIATION THROUGH ITS SECRETARY &
Vs.
RESPONDENT:
INDIAN TRIATHLON FEDERATION & ORS. ETC.
DATE OF JUDGMENT: 08/11/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT
HEADNOTE
JUDGMENT
WITH
TRANSFER PETITION (C) NOs. 384-396 OF 1996
ORDER
It is rather unfortunate and we feel that every Indian citizen would feel ashamed of the fact that not even on sports-person out of the huge population of 94 crores would find a place in the victory stand in the Olympic Games 1996 held at Atlanta. Instead, all these Associations are busy in the court proceedings and spending their spirit on the litigation instead of inculcating spirit of sports in the track and field. These cases are some instances of the deplorable state of affairs. But, it is heartening to note that all of them have agreed for the settlement of the disputes in terms of Rule XIX of the Indian Olympic Association Rules which reads as under:
"Settlement of Disputes/Conflicts
in the National Sports
Federations/State Olympic
Associations
(i) All National sports
federations/ Associations/State
Olympic Associations affiliated to
I.O.A. shall include in their
Constitution a provision that the
Federations/ Associations would
have all unresolved disputes
settled by the I.O.A., and their
Members shall voluntarily surrender
their right of seeking redress in
any Court or Law.
(ii) Every Member shall be deemed
to continue its membership of the
I.O.A. on the specific condition
that it voluntarily surrenders its
right of seeking redress in any
Court of Law.
(iii) All unresolved disputes
arising within the National Sports
Fedrations/Associations/State
Olympic Association affiliated to
the IOA, shall be referred by the
Federations/Associations to the IOA
for settlement by the IOA. For this
purpose, the IOA Executive Council,
on recommendation of the president
IOA, shall recommend 9 names to the
disputing parties, to select one
name, consultation with the
president IOA, which is acceptable
to both the parties. The
Arbitration proceedings shall be
completed within the period
specified by the IOA Executive
Council. President IOA, based on
the circumstances of the case, has
the authority to extend, or vary,
the period.
(IV) In the even of an unresolved
dispute within an affiliated Unit
of IOA by Member, and which affects
normal working to the Unit, or
prevents preparation and training
of the sport/team under the charge
of the Unit for purposes of
international representation/
Competition, the IOA Executive
Council will constitute an ad-hoc
body from within the Members of the
General Assembly, as may be
necessary until the dispute within
the Unit is resolved.
(v) All disputes between National
Sports Federations/Associations and
the IOA, or within the IOA itself,
will be dealt with in the same
manner as laid down in (iii) above.
In the furtherance thereof the Annual General Body meeting of IOA held on November 29, 1995 decided as under:
"Dispute in Federations/Olympic
Associations
Regarding the disputes in Indian
Triathlon Federation, Uttar Pradesh
Olympic Association and J & K
Olympic Association Dr. B.
Sivanthi Adityan stated that he
would appoint a tow or three member
Committee which will be requested
to submit its report before the
next Executive Council meeting of
the IOA.
Decision:
The President, IOA, is to
constitute a two or three member
committee to look into all aspects
or disputes and submit its
recommendations for the
consideration of the Executive
Council IOA.
In the light of the above decision, we direct the President of IOA to flow the procedure prescribed in Rule XIX referred to hereinbefore, in particular clauses (i), (ii) and (iii) and appoint and Arbitration Board in terms thereof.
The Transfer Petitions are accordingly disposed or. All the suits are transferred to the Arbitration Board. No costs.
In view of the order passed by us on 4.11.1996, Shri Ranjit Kumar, learned counsel has appeared for all the respondents though he states that he did not receive any instruction from any one of them. He acted merely on directions of this Court.