DUSHYANT JANBANDHU Vs. HYUNDAI AUTOEVER INDIA PVT. LTD

JUDGEMENT

(1.) Delay condoned. Leave Granted.

(2.) Questioning the appointment of an arbitrator by the High Court of Madras under Sec. 11(6) of the Arbitration and Conciliation Act, 1996(Hereinafter referred to as the 'Act'.), by the order impugned before us(Order passed by the High Court of Judicature at Madras in Arb O.P. No. 31 of 2022 dtd. 20/12/2022.), the appellant has filed this appeal on the ground that the dispute with the respondent-employer, M/S Hyundai AutoEver India Pvt. Ltd. is governed by statute under the Payment of Wages Act, 1936(Hereinafter referred to as the 'PW Act'.) and the Industrial Disputes Act, 1947(Hereinafter referred to as the 'ID Act'). In the normal course and in recognition of judicial restraint, as incorporated in Sec. 5 of the Act, we would have asked the appellant to raise these objections before the Arbitral Tribunal itself. However, as the following narration of facts speaks for itself, we have found that the application under Sec. 11 of the Act is a clear abuse of the remedial process. We have therefore allowed the appeal and dismissed the Sec. 11(6) petition with cost.

(3.) The appellant was appointed as an Assistant Manager on 15/3/2019. Within a year, due to Covid-19 pandemic, the appellant was asked to work from home from 22/3/2020 to 6/1/2021. However, the respondent called upon the appellant to resume physical attendance of office from August 2020. As the appellant refused to comply, a show cause notice was issued on 4/9/2020, followed by an inquiry, report of which is in the following terms;