Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kam__________ (xxx)     03 January 2013

Arbitration notice rejected

Hello all,

             I had signed an agreement with my employer for 3 years. But my agreement did not have any proper exit, the only exit was to pay them the amout that they are suppose to pay me for the rest of my tenure. so i absconded from the job and joined my PhD course. They send me a notice to pay 15 lac, on which i did not responded and then i stopped recieving their mails. Now i got an notice from an arbitrator which i did not recieved.  What will happen next as i did rejected the postal mail form the arbitrator ?



Learning

 5 Replies

Kumar Doab (FIN)     03 January 2013

You may show the agreement, appointment letter, certified standing orders of the company to a competent and experienced labor consultant/service lawyer.

Your lawyer may opine that the contract is in violation of standing orders of the company or void, illegal, arbitrary, inequitable and legally unenforceable.

Employee should always consult elders in the family, competent and experienced well wishers, trained legal mind amongst acquaintances, lawyer/law firm before signing on the dotted line. It is always better to consult than to repent later.

You should have avoided abandoning the job. You should have pin pointed the misconduct on the part of employer and declared him unworthy of being employed with.

You have given the employer an opportunity to smell 15 Lacs without investing a single penny and now he is chasing you. The employer shall always claim that his actions are not illegal and are in accordance with terms of contract signed by you.

Approach your lawyer and submit fitting reply or proceed as per expert advice of your lawyer.

In the meantime you may find the attachments useful.

 

 

 


Attached File : 595574147 417759075 validity of employment bonds.pdf, 595574147 background paper.pdf downloaded: 163 times

kam__________ (xxx)     04 January 2013

Thanks Mr Kumar for the reply

I saw that the courier was from an arbitrator so i did not recieved it. Now i do not know what was written inside it. Can you tell me what would be the next step of the employer ? Will they send it to me again or anything else ? If they send it again should i recieve it or not ?

Kumar Doab (FIN)     04 January 2013

It is not possible to affirm what shall be done by your company.

You may also not speculate.

If you have accepted the sole arbitrator to be appointed by company the company shall be too happy to obtain decision of its arbitrator {and that too not contested by you} which in all probablities shall be favorable to company?

The notice returned by you might be a call to attend arbitration proceedings or it might have been stated that otherwise the arbitrator shall pass its decision.

The paper on Indian Council of Arbitration is attached.

The first thing you may do without any more delay is to show your documents to your lawyer and give inputs in person. There after you may firm your strategy as suitable to you.

If conducive, you may attach the copies in this thread. You may erase the names etc to maintain the confidentiality.

Kumar Doab (FIN)     04 January 2013

The paper on Indian Council of Arbitration is attached.


Attached File : 809420304 indian council of arbiteratrion july to sept 09.pdf downloaded: 126 times

Chetan Joshi (Advisory/Advocacy)     05 January 2013

You should be vigilant in signing any agreement. Even if you contend that there was no exit route in the agreement, you will have to fight it.....

 

 

There is no point in hiding/ avoiding....Altough I don't think much should happen based on that agreement..You may draft a legal reply to the company.....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register