Validity of jurisdiction of supreme court in a case against a foreign citizen employee.
Chaitanya
(Querist) 31 January 2016
This query is : Resolved
Hello all respected experts.
I have queries relating to a case. I wanted your invaluable opinions on this case. Would be highly obliged.
In an organisation incorporated under the Companies Act, 1956; there was an employee who was appointed as the Director of Academic Research. He was appointed in the London Branch of the organisation. The organisation was an academic organisation that was for profit and had the business of coaching students.
He was employed on a contractual basis for a minimum of 3 years and he could not leave the organisation before 3 years as per the terms of the contractual agreement signed by Mr. A, the appointed director of Academic Research and the management of the company.
It is clearly stated in the agreement that Mr. A has to complete a minimum period of 2 years before deciding to resign and has to give a notice of 3 month before resigning. And it i stated that if any dispute arises pertaining to any term in the agreement in future, the matter shall be referred to arbitration wherein 3 arbitrators shall be appointed. One from the employer companies side, one from Mr. A's side and the third arbitrator will be appointed by these 2 arbitrators so appointed.
Mr. A was appointed in the company in December 2012. After 31st March, 2013, Mr. A stopped attending the meetings and was served notice to attend the meeting on 10th June 2013. On 15th June 2013, Mr. A sent his resignation to the company, which is before completion of 2 years from his joining.
The Company, in a responsive against this act of Mr. A, which violated the arbitration clause, appointed an Arbitrator from it's side and sent a letter to Mr. A for appointing his arbitrator. Mr. A did not reply to this notice.
Mr A had access to the proprietary notes and material information of the organisation and concerning the safety of these documents, the employer organisation approached the Bombay HC and pleaded this fact. Mr. A rebutted that Bombay HC has no jurisdiction as Mr. A is a British national.
The company revoked it's pleading and filed the same in SC of India. In it's pleading before the SC, the company stated that that Mr. A should not misuse the documents and that he should appoint an arbitrator from his side as per the provisions laid in Arbitration and Conciliation Act, 1996.
Mr. A says that his services are not of commercial nature and that he is an employee of the organisation and that his services are not commercial in nature.
I would request the experts to guide me as to
i) what pleadings can Mr. A put before the
Hon'ble SC of India?
ii) Are the pleadings of the employer organisation before the SC justified?
iii) What are the actual legal rights and obligations of each of the parties?
The organisation is the Appellant and Mr. A is the Respondent in this matter.
Guest
(Expert) 31 January 2016
Mr. Chitanya,
First of all yours is purely a commerical query. Both the parties can afford to hire services of some competent lawyer to fight the case.
Secondly, your query is for and on behalf of both the parties to the case, i.e., the appellant as well as the respondent. That denotes that the problem does not relate to you in person. Let the company, Mr. A and the lawyers of both sides fight the case on merits of the case. Why you are worried over their tangle.
Thirdly, if the problem is your personal problem and you are one of the party, you should discuss what your lawyer has advised you about your questions in this forum.
Fourthly, even if you are one of the party, I wonder, if you have preferred to fight the case in a very casual manner even at the Supreme Court level by asking for opinions of the experts without getting the case related documents examined and analysed by any of them, rather than taking the matter seriously in making your efforts to hire some competent lawyer of the Supreme Court of India!
So, please discuss, what actually is the background and reality about your questions?
Kumar Doab
(Expert) 31 January 2016
Agreed with Expert Shri P.S.Dhingra.
R.K Nanda
(Expert) 01 February 2016
agree with experts.
Chaitanya
(Querist) 01 February 2016
Respected experts,
Thank you for your replies. And thanks Dhingra ji.
About my relation with this case, actually I am a law student and this is a case that is an assignment given to us. I don't have much knowledge about the broader aspects of this case. So I wanted a brief outline for my sub questions. I am not personally nor professinally related to this case. It would be benevolent of you if you could guide me on the brief outlines of my sub questions.
Thanks and Regards.
Guest
(Expert) 01 February 2016
Mr. Chaitanya,
I knew that yours is an academic question.
But, can you clarify, when you are a student, was their any specific reason build a wrong profile introducing yourelf wrongly as an owner manager, instead of a student?
Chaitanya
(Querist) 01 February 2016
Because when I created this profile I had a small business thats why. I will edit it.
Chaitanya
(Querist) 01 February 2016
It would be really great of the experts if they can help me out by their views over this academic case.
Guest
(Expert) 01 February 2016
In which year of LLB course you are studying now?
Chaitanya
(Querist) 01 February 2016
First year.
A. A. JOSE
(Expert) 06 February 2016
Agreed with learned Mr.Dhingra. Pure academic questions are normally not answered. Moreover, law student should have made efforts to make personal research rather than seeking help from lawyers even if this was a part of academic pursuit !
Guest
(Expert) 06 February 2016
This problem does not seem to be meant for a first year student for solution.
