michelle ann (computer engr ) 02 April 2010

arbitration

good day i was selected in campus interview by a it firm thereafter signed a bond for two years and underwent training in hyderbad.I was enagaged before joining and i had informed them regd my wedding,after completing my training i was on leave after training but i was asked to resume job 3 days before my wedding which i could not and wanted to report few days later.Due to the prevaling circumstances i was pregnant i had send a request letter to company asking for a transfer to chennai office which they never replied.After 3 months they send a termination letter and two months later the had send a claim for the bond amount of 1 lakh,for which we had send a letter through a lawyer and there was no further communication. Now after they have referred to an arbitrator in Indore as per the clause in the contract. kindly help me knowing how am i to move about in this issue and is the award of the arbitration going to be in my favour.

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3 Replies

R.R. KRISHNAA (Legal Manager) 02 April 2010

The company is right in claiming Rs.1 lakhs from you as per the bond.

But it appears from your case that you had sought transfer to chennai which has not been attended to or replied by the company. Hence there is fault on the part of company and as such subsequently terminating you from the job becomes wrong on the part of company without considering your request of transfer. Since the company has failed to reply your transfer application you can very well say that there is fault on the company and termination is invalid. This will be a good ground for you to oppose the termination as well as the arbitration proceedings. If you properly appraise this ground before the arbitrator certainly you have a good case to win the arbitration proceedings.

Best of luck.

Suryanarayana Tangirala (Advocate) 02 April 2010

I agree with Mr.Krishnaa do appear before arbitrator through a good lawyer,

michelle ann (computer engr ) 03 April 2010

is it mandatory to appear for the arbitration with a lawyer,cos i heard that some arbitrators do not encourage lawyers during arbitration.In any case i am will to pay the bond amount or even resume work with the company cos i am still unemployed and dependent after this incident.