17 December 2021, Friday

1 year ago

Pendency matter before the labour commissioner is no bar for appointment of arbitrator: Madras High Court

10 November 2021 | India Pistons Limited v. Ganapathi Chandrasekar | Arb. OP No. 10 of 2021 | V Parthiban J | Madras High Court | 2021 SCC OnLine Mad 5729

The respondent’s employment was terminated by the petitioner. He challenged the termination before the Special Joint Commissioner of Labour under the Tamil Nadu Shops and Establishments Act, 1947.

The petitioner applied for the appointment of an arbitrator and the respondent resisted that application on the basis that having availed of the statutory remedy, he cannot be compelled to arbitrate.

Leaving the question of maintainability open, the matter was referred to the arbitrator in light of the recent law.

Read the judgment here.


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