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Simi Salooja (Legal Secretary)     13 September 2016

Arbitration for industrial dispute between an employee and company

What happens when the company makes an employee sign on an appointment letter having an arbitration clause... and the matter is gone to labour court (mumbai)


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 6 Replies


(Guest)

Kindly see section 10A of the ID Act, 1947. Thank me if you like my advice

Regards,
Rit Arora
Advocate 
New Delhi
7838737001

Kumar Doab (FIN)     13 September 2016

THE INDUSTRIAL DISPUTES ACT, 1947 Sec. [14 OF 1947]

 

3[CHAPTER II-B REFERENCE OF CERTAIN INDIVIDUAL DISPUTES TO GRIEVANCE SETTLEMENT AUTHORITIES

 

1[10A. Voluntary reference of disputes to arbitration:

 

https://mahakamgar.maharashtra.gov.in/images/pdf/industrial-disputes-act-1947.pdf

 

 

https://www.lawyersclubindia.com/articles/Arbitration-as-a-method-of-Industrial-Dispute-Resolution-5769.asp

 

 

Have you engaged a very able counsel specializing in labor/service matters to support you?

Kumar Doab (FIN)     13 September 2016

It shall be better if you post in original thread.

Thus readers/members/experts can assess the query better and you shall getter impressions. 

Simi Salooja (Legal Secretary)     13 September 2016

thanks a ton Kumar ji....

you are always a great help... yes i can post it on the original post...

case status till now goes such:

the court room no. allocated has no judge since last more than 7-8 months... so only paper work is going on....

we submitted our statement of claim, and on that they did an quashing application, and along with other reasons, gave arbitration as one of another reasons....

I am a bit confused, if i am suppose to reply to that application in full detail? or just wait and wtch what is happenng..

Havent yet been able to appoint anyone, as it is difficult to understand and trust anyone sitting far... but i am in process of speaking to a few and hopefully will have someone well learned on with mi.. :)

Thanks so much for remembering mi and asking..

 

Simi Salooja (Legal Secretary)     13 September 2016

Thanks Rit Ji....

Will look into the sessions tomo... and will get back again...

Would you be able to help mi with my matter... ? do you know anyone in labour court in bombay?

Regards

 

Kumar Doab (FIN)     13 September 2016

It has been suggested many times that you should engage a very able counsel specializing in labor/service matters.

It is altogether different field of law and there are a few counsels specialize in it.

They are well known and usually such matters are referred to them.

You must have come across many and by now you should have been satisfied about their reputation and expertise.

 

If you wish I may be able to suggest a very senior counsel and the counsel may agree to advise you.

Rest everything you shall have to firm up on your own.

If you wish you may send yor contact details by PM.

 

 


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