DHEERAJ RASTOGI Vs. DNATA INTERNATIONAL PVT. LTD.

JUDGEMENT

(1.) By way of this petition under Sec. 34 of the Arbitration and Conciliation Act, 1996 ["hereinafter, 'the Act"], the petitioner assails an arbitral award dtd. 25/10/2023 rendered by a learned sole arbitrator adjudicating disputes between the parties under an Employment Contract dtd. 14/9/2011 [hereinafter, 'the Contract"].

(2.) By way of the Contract, the petitioner was appointed as Head ' Finance of the respondent-company, which is part of the Dnata Group of Companies, headquartered in Dubai. The respondent is engaged in the business of booking tour and travel services for its customers. It is undisputed that the petitioner was subsequently designated as the Chief Financial Officer [hereinafter, 'CFO"] of the respondent-company. He was also appointed as one of the directors of the respondent-company. The dispute arises out of certain fraudulent transactions committed by some of the employees of the respondent-company. No direct allegation of fraud or similar misconduct was made against the petitioner, but he was suspended on 12/12/2019 and his employment was subsequently terminated by a communication dtd. 7/2/2020.

(3.) The petitioner challenged the validity of the termination by a legal notice dtd. 26/3/2020 and claimed compensation in the sum of Rs.2.5 crores. The respondent replied through counsel's communication dtd. 21/4/2020, and disputed the assertions of the petitioner. Ultimately, the Court appointed the sole arbitrator by an order dtd. 29/8/2022 in ARB.P. 408/2020 ["Dheeraj Rastogi vs. Dnata International Pvt. Ltd."].