SUDHANSHU MISRA Vs. FIITJEE LTD.

JUDGEMENT

(1.) The instant application has been filed under Section 11(4)/(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator in terms of Clause 36(a) of the Agreement.

(2.) The applicant was appointed Assistant Professor (Math's) in the centre run and managed by the opposite party FIITJEE LTD. Upon successfully completing probation and after undertaking training applicant joined on an annual salary as provided under the rules.

(3.) The Service Rules of the Employees of FIITJEE Ltd. contains the terms and conditions of appointment. The opposite party declined salary hike vide email communication dated 18 June 2013, consequently, applicant demanded that the matter be referred to an arbitrator in terms of clause 36(a) of the Rules. 36(a) provides that "All disputes and differences of any nature with regard to the FIITJEE service manual and the interpretation and adjudication of clauses and claims respectively shall be referred to the Sole Arbitrator appointed by the Company i.e. FIITJEE Ltd.......The venue of the arbitration shall be Delhi/New Delhi only.