TARUN PALIWAL Vs. MLINDA SUSTAINABLE ENVIRONMENT PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner places reliance on an Employment Contract dated January 20, 2021, allegedly entered into by the petitioner with the respondent-Company, where the petitioner was an employee. Clause 20 of the same, in particular sub-clauses 20.1 and 20.5, provide for arbitration in case of any dispute or controversy arising between the parties in relation to or in connection with or arising out of the contract.

(2.) The respondent-Company opposes the prayer for reference to arbitration primarily on the ground that the Employment Contract is a manufactured document and was never entered into by the parties.

(3.) Learned counsel for the respondent contends that the petitioner was appointed in the month of December, 2020 vide Offer Letter dated December 20, 2020, sent via e-Mail. The e-Mail indicates that the petitioner was offered the position of General Manager with the respondent-Company. However, vide e-Mail dated March 26, 2021, annexed to the affidavit-in-opposition filed by the respondent, it is seen that the petitioner asked for a revision of his designation in the appointment letter from "General Manager" to "Chief Executive Officer". Thus, it is seen that there was no existence of any Employment Contract, nor was the same referred to in the said e-Mail.