Contact us   Feedback   Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (7) TMI 1011 - SUPREME COURT

2015 (7) TMI 1011 - SUPREME COURT - TMI - Gender discrimination and harassment of female employee - Arbitration petition filed for compensation - reference to solutions programme - demand for arbitration made by the petitioner was refused by the respondent on the ground that the "solutions programme" was not applicable to the petitioner and the same was meant only for employees of the first respondent in the United States of America - Held that:- there is no binding arbitration agreement between .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

"solutions programme" applicable to her employment, the clause providing for exclusive jurisdiction of the courts in Bombay specifically negate the claim of the existence of an arbitration clause in the contract of employment of the petitioner.

Under Section 7 of the 1996 Act the parties to an arbitration agreement must agree to submit their disputes to arbitration. What is contemplated under the "solutions programme" is a mere possibility of the employee seeking arbitration as oppos .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nt company an agreement dated 20.09.1995 was entered into between the petitioner and the respondent No.2, relevant features of which will be noticed in due course. It appears that while in employment in the respondent company, the petitioner had complained of gender discrimination and harassment primarily on account of the service conditions relating to pay and emoluments. The complaint of the petitioner was sought to be redressed by the respondent company by appointing an independent investigat .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tion against harassment and gender discrimination that she claimed to have suffered during the course of her employment and even after her resignation. While it will not be necessary to go into the detailed facts and circumstances in which the grievances of the petitioner came to be resurrected after her resignation, suffice it will be to notice that an SMS message received around this time by the petitioner from one Mr. Adil Malia, Vice-President, Human Resources of the respondent No.2 company, .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

resulting in the proceedings in question. 3. It will be necessary, at this stage, to take note of the details of the "solutions programme" in terms of which the petitioner claims the mechanism for arbitration contained therein to be a part of the contract of employment between her and the respondents. 4. Some time in the year 1999 four African-Americans who were current and former employees of the first respondent had filed a complaint seeking declaratory, injunctive and other equitab .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

te the human resource policies and practices of the first respondent and also to consider whether implementing an arbitration procedure would be appropriate. The task force submitted its report from time to time and it was in the 3rd annual report submitted on 01.12.2004 that of the various problem resolution methods, the following were also incorporated:- "4) Mediation- this involves a neutral third party outside the Company and is available only for resolution of legal disputes, such as d .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

subsidiaries including Cola Cola India (Respondent No.2). The petitioner has contended that even admitting that the arbitration provision in the "solutions programme" applies only to employees based in the United States, the same has been expressly invoked in the case of the petitioner through correspondence, e-mails etc. The petitioner relies on an e-mail dated 25.09.2002 issued by Coca Cola Company informing its employees of the change in policy and the extension of the "soluti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

etitioner and the respondent No.2 dated 20.09.1995 does not contain any arbitration clause. According to the respondents, the "solutions programme" is not applicable to employees of subsidiaries of the respondent No.1 outside the United States of America and the same in fact applies only to the United States based employees of the first respondent. The provisions for arbitration contained in the "solutions programme" are not incorporated in the petitioner's employment agr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

orates the National Rules for the resolution of employment disputes of the American Arbitration Association (AAA). Therefore, according to the respondents, even assuming that the "solutions programme" is applicable to the petitioner, the specific reference to the Federal Arbitration Act in the "solutions programme" and the applicability of the procedure visualized by the National Rules for resolution of employment disputes of the American Arbitration Association would specifi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

smuch as under the "solutions programme" it is also open to an employee to approach the Court instead of invoking arbitration. It is further submitted that the mandatory requirement under Section 7 of the 1996 Act obliging parties to abide by the decision of the Arbitral Tribunal is departed from under the "solutions programme" wherein an employee has a choice to accept the arbitrator's decision and the legal dispute or reject such decision and pursue other legal options. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ployment with the respondent No.2 remains wholly unsubstantiated. Not only the employment contract signed by the petitioner does not contain any specific clause of arbitration or makes the provision for arbitration contained in the "solutions programme" applicable to her employment, the clause providing for exclusive jurisdiction of the courts in Bombay specifically negate the claim of the existence of an arbitration clause in the contract of employment of the petitioner. There is no s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version