The Supreme Court has enumerated six specific issues that are not amenable to arbitration.

The Supreme Court has enumerated six specific issues that are not amenable to arbitration.

Tenancy matters are one of them and hence even if there is a broad provision for referring disputes to the arbitrator, the issue of tenancy would remain outside his pale said the Punjab and Haryana High Court in St. Joan's Education Society v. National Thermal Power Corporation Ltd and others.

The writ petitioner was running a school on a land owned by the respondent-corporation by paying a token rent of Rs 100. The agreement between the two provided for various conditions subject to which the lease was given and also provided for arbitration in the case of dispute. When the respondent wanted to evict the school for non-compliance with a few terms under the Public Premises (eviction of unauthorised Occupants) Act, 1971, the appellant filed the writ petition on grounds including the matter must have been referred to the arbitrator.

The Court, while dismissing the petition, pointed out that tenancy disputes can never be subject matter of arbitration.

(The author is a New Delhi-based Chartered Accountant)