Abhishek 25 January 2018

Challenging arbitration decision (sole appointed arbitrator)

I worked in a Coaching Institute (FIITJEE) and left it before completing my contract period of 3yrs (intimating 4 months before quitting) due to deteriorating health conditions (all medical certificates available). Company asked Rs 4.5 Lakh as compensation. I explained them my whole case in writing that due to medical condition I had to break service rule and I informed my Centre Head well before leaving. Moreover, I am unemployed since then, I have no money to compensate you.

Without listening to this they invoked Arbitration Clause and appointed sole arbitrator. I attended the case presented all my documents and medical certificates. As predicted by many, he decided in favour of coaching institute although reducing compensation amount to 3 Lakh.

Now I have to challenge this biased decision. The jurisdiction of case is in Delhi and arbitrator was also in Delhi. Please help in following queries.

Q.1 Where can I challenge this decision of Arbitrator? (High Court or Session Court)

Q.2 Suppose I want to fight case myself as I don’t have money to pay hefty fees of lawyers and I want to get some experience firsthand. Moreover, I have not done something wrong or fraud that I need some high profile lawyer. All I need is to present all document and appeal in front of Hon judge.

Q3. Since the motive of company from very beginning was harassment through their legal mafia/goons, can I file counter case against them in home state (Himachal) so that they also feel the pinch for covert extortion and harassment? I would not lie or present any false documents. Can I seek help from court ? I don’t want to appear fraud .

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7 Replies

Sanjay Gautam (Advocate) 25 January 2018

you may file a case in district court on specified conditions only as mentioned in arbitration act.

R.Ramachandran (Advocate) 26 January 2018

If you decide to prefer Appeal, then you have to do it quickly without wasting time, as Limitation will apply from the date of the Award.

Advocate Bhartesh goyal (advocate) 26 January 2018

you can challenge the Award passed by Arbitrator by filling objections { not appeal } u/s 34 of Arbitration and Conciliation Act before District Judge Delhi.limtation to file objections is 90 days with 30 days grace period more.

G.L.N. Prasad (Retired employee.) 26 January 2018

Even if there is delay of few days , try to file condonation petition with grounds of health that can convince the Court. Take the assistance of some Advocate clerk, and file the petition as a party in person as you may start learning the subject by the time it comes up for hearing. Preserve terms of appointment and as to whether there is a such clause of compensation and whether seeking compensation is as a routine measure or they have spent any amounts for specialized training etc., and also get information as to whether they have recruited some one in your post. All this if you are fair, and have not taken up employment or applied for better remuneration and when your hands are clean.

(Guest)

What was the notice period for resignation, as per the offer of appointment/ letter of appointment and also whether you served any notice in writing or not? If not resigned formally, even the court may not help you to rescind the arbitration award, as intimation, if made verbally has no relevance as against the written terms of appointment/ contract agreement.

Better check your terms of appointment/ agreement.

G.L.N. Prasad (Retired employee.) 26 January 2018

I go by this point in query: they invoked Arbitration Clause and appointed sole arbitrator.

The fundamental point is as to whether the principles of natural justice were followed. Appointing arbitrator etc., indicate that retirement notice was properly served and arbitration need not be final, and may be the first step to avoid litigation. The institute may have their own worries of finding suitable applicant during fag end and just before such commencement of (FIT JEE) examinations. Consider the career of those students involved and may suffer due to your resignation just months before examinations.