Arbitration

If the dispute is not the one covered under the arbitration clause then one may file a civil suit.

Regards,
Rit Arora
Advocate
7838737001

What about having Arbitration Clause in an appointment letter....

and the employee who should ideally approach a labour court... is opposed since there is a arbitration clause in the appointment letter

regards

@ Sarvesh,

Mr. Rit Arora has already suggested.

@ Simi,

Replied at;

https://www.lawyersclubindia.com/forum/Arbitration-for-industrial-dispute-between-an-employee-and-company-142070.asp

ID Act, 1947 is a special legislation and generally would override such agreement between parties. The law was passed having considered such situation. 

the employer may not be able to avoid liaility.

Thanks Rit ji...

So are you trying to say, even though in an appointment letter such a clause is mentioned... and the case is registered in Labour court..

Can the employee say that it was necessary to sign since he had to join the company, and the he had no other option at that point of time....

Will it favour the employee ?

Arbitration Clause in an appointment letter indicates that in event of any dispute arising out of the terms that form part and parcel of the appointment letter, such dispute can only be solved by appointmentof arbitrator. 

So for example- if there is a dispute like unfair labour practise, one has to file Complaint (ULP) before the Industrial Court.Only terms in the appointment letter if breached will have to be resolved by invoking arbitration i.e., appointing an Arbitrator.

What is the case filed in Labour court? What is this employees Prayers?

Meenakshi ji...

Pls find the link below for your refrence

https://www.lawyersclubindia.com/forum/Working-as-a-Marketing-Manager-in-an-MNC-135357.asp

https://www.lawyersclubindia.com/forum/Arbitration-for-industrial-dispute-between-an-employee-and-company-142070.asp

Do you mean that if there are unfair trade practise that has been done, the employee should do a complaint? what is ULP?

and otherwise if there is a breach only then arbitration process has to be opted?

Awaiting your response.

Regards

Simi

The prayer is Reinstatement of job with back wages.

Yes Simi.... This employee has filed a Unfair Labour Practise Complaint which he has rghtly done under the Industrial Dispute Act 1947.

They are two different issues... If the employee has removed employer without proper inquiry or on basis of no evidence, the employee can file COmplaint for reinstatement with back wages..

Arbitration can noot be invoked for breach of appointment letter.

Thanks Meenakshi ji...

Knowing this is a lot of relief... are you practising in bombay??

Regards

Simi