San 16 July 2016

Arbitration

Hi, I wanted to understand what proceedings to adopt incase of non payment of salary of an employee, where arbitration clause is mentioned in the employment agreement, however, if one does not want to go to arbitration as the cost involved is high. is there a way we can approach the Court first instead of appointing an arbitrator or going through arbitration?

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JustAdvisor (IT) 16 July 2016

please refer HDFC Bank Limited vs Satya Pal Bakshi. if the employee is covered by industrial disputes act, the dispute may not be arbitrable. He may be able to approach labour court. please engage an able counsel.