A case before an arbitrator
Querist :
Anonymous
(Querist) 13 December 2011
This query is : Resolved
Respected Sir,
I have a case before an Arbitrator. I am appearing on behalf of the company. The entire case is depending upon an Agreement (un-registered) executed between the Employer and Employee and his surety. As per the said agreement, the employee should work for a period of 1 one year. In case if he leaves, he should have to pay Rs. 1 Lakh towards liquidated damages.
Since the employee failed to full fill the terms and conditions, I filed a Claim petition before the Arbitrator. In the said case, the respondents also filed a counter claim against the company.
In their evidence, it is clearly established that their pleas are false and that the company never committed any mistake towards the employee or his surety. In this both sides evidences are closed and it is coming for arguments.
So after arguments, what considerations, the Arbitrator takes while giving an award either to the company or his employee and his surety.
ajay sethi
(Expert) 13 December 2011
the arbitrator will go as per the terms of contract . agreement is sacrosant .
in arguments you will have to show that claim of Rs 1 lakh towards liquidated damages is justified .
the arbitrator goes through the pleadings , evidence led by parties to give an award .
Devajyoti Barman
(Expert) 13 December 2011
The rule of civil case is preponderance of probability.
So if the evidence adduced is against the company then the Tribunal should pass decision in favour of the employee.
Raj Kumar Makkad
(Expert) 13 December 2011
Your query seems a mockery of legal system. You know we all are legal experts and not "jyotishi' so how can we comment which way wind shall blow without going into depth the pleading of all 3 parties involved.
Querist :
Anonymous
(Querist) 14 December 2011
Thanx to all, for giving the suitable suggession.
Guest
(Expert) 14 December 2011
Purely hypothetical question!!!!!!!!!!
Probably, you think as if the experts know the mind of the arbitrator in what way he interprets the argument submitted by your or the other party.
