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UNLESS THERE IS BINDING AGREEMENT BETWEEN THE EMPLOYER AND THE EMPLOYEE THE SUPREME COURT CANNOT EXERCISE ITS JURISDICTION UNDER SECTION 11(6) OF ARBITRATION AND CONCILIATION ACT 1996

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 31-7-2015 - Section 11(6) of Arbitration and Conciliation Act, 1996 ( Act for short) provides for the appointment of arbitrator by Court. The said section provides that where, under an arbitration procedure agreed upon by the parties- a party fails to act as required under that procedure; or the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under that procedure; or a person, including an institution, fail .....

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a common dispute. To invoke the jurisdiction of the Court under Section 11(6) there shall be a binding agreement between the parties. The same will be applicable in case of employment also. This has been dealt with in by the Supreme Court in Payal Chawla Singh V. Coca-Cola Co. and another - 2015 (7) TMI 1011 - SUPREME COURT. In the said case the petitioner is a former employee of the respondent. At the time of joining an agreement was entered into between the petitioner and the company. While i .....

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of the claims had also been tendered and the petitioner received the same. On 05.12.2006 the petitioner issued a legal notice to the company invoking the arbitration under the solution program and claimed compensation against harassment and gender discrimination that she claimed to have suffered during the course of the employment and even after her resignation. Mr. Aldil Malia, Vice President, HR sent an SMS to the petitioner which resulted in the issue of notice. The demand of the petitioner .....

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USA the same has been expressly invoked in the case of the petitioner through correspondence, email etc.,; the company had refused to comply with the demand sent by the petitioner for appointment of an arbitrator and therefore the present petition has been filed under the provisions of the Act. The respondent company submitted the following arguments: the employment agreement the petitioner and the company does not contain any arbitration clause; the solution program is not applicable to employ .....

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