bobby (NA) 02 March 2014

Civil court case

Sir,

My wife has filled the employment bond in a private org and has left the org without notice because of illness, However as per the contract T&C of the company . one condition was if any dispute come between employee & org it shall be referred to ARBITRATION. but what i see that company went directly to the court and court did not watch on this condition, also order has been given by district (lower) court against us.

So i request to all please advice me that , is it the right way used by the org ? or if wrong then can i get benefit for this if i appeal ?

Please response as i have not hired any advocate because my condition are not good .

Thanks to all in advance.

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1 Replies

T. Kalaiselvan, Advocate (Advocate) 02 March 2014

You have not stated the facts of the case so that proper advise can be rendered. However, based on the meagre information provided by you, if the lower court's decision can be preferred with an appeal, you may proceed accordingly and in that you can always mention that the employer/organisation intentionally avoided the provisions of arbitration, it may or may not of any help at this stage, but you can always mention it provided you had taken up this issue with the lower court.