9911796707
TMI Blog2015 (7) TMI 1011X X X X Extracts X X X X X X X X Extracts X X X X ..... harassment primarily on account of the service conditions relating to pay and emoluments. The complaint of the petitioner was sought to be redressed by the respondent company by appointing an independent investigator and thereafter through mediation proceedings which did not yield any result. With effect from 28.07.2004, the petitioner's resignation from service in the respondent No.2 company became effective and payment in full and final settlement of her claims had also been tendered and received by the petitioner. 2. It appears that on 05.12.2006 the petitioner issued a legal notice to the respondents invoking the arbitration mechanism under the "solutions programme" and claiming compensation against harassment and gender disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of alleged/claimed infringement and deprivation of rights of the aforesaid persons by the respondent No.1. On 16.11.2000, a settlement was arrived at between the aforesaid employees of the first respondent and the company. The said settlement formed a part of the consent decree dated 07.06.2001 of an United States District Court (Georgia). The aforesaid decree, inter alia, provided for constitution of a task force to continuously evaluate the human resource policies and practices of the first respondent and also to consider whether implementing an arbitration procedure would be appropriate. The task force submitted its report from time to time and it was in the 3rd annual report submitted on 01.12.2004 that of the various problem resol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor, the instant petition has been filed under the provisions of 1996 Act. 6. In reply, the respondent contend that the employment agreement between the petitioner and the respondent No.2 dated 20.09.1995 does not contain any arbitration clause. According to the respondents, the "solutions programme" is not applicable to employees of subsidiaries of the respondent No.1 outside the United States of America and the same in fact applies only to the United States based employees of the first respondent. The provisions for arbitration contained in the "solutions programme" are not incorporated in the petitioner's employment agreement dated 20.09.1995. It is further contended that by an amendment of the petitioner's employment agre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the mandatory requirement under Section 7 of the 1996 Act obliging parties to abide by the decision of the Arbitral Tribunal is departed from under the "solutions programme" wherein an employee has a choice to accept the arbitrator's decision and the legal dispute or reject such decision and pursue other legal options. 8. Having heard the petitioner-in-person and Shri Amit Sibal, learned senior counsel appearing for the respondents, this Court unhesitatingly comes to the conclusion that there is no binding arbitration agreement between the petitioner and her employer so as to enable this Court to exercise its jurisdiction under Section 11(6) of the 1996 Act. The attempt of the petitioner to bring in the provision for arbitra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... struction Company Limited[(2011) 9 SCC 735] which would be applicable to the issue having regard to the point of time when the question had arisen. Besides, under Section 7 of the 1996 Act the parties to an arbitration agreement must agree to submit their disputes to arbitration. What is contemplated under the "solutions programme" is a mere possibility of the employee seeking arbitration as opposed to an obligation to refer all disputes to arbitration. Also as held by this Court in K.K. Modi Vs. K.N. Modi & Ors.[ (1998) 3 SCC 573] an integral element of Section 7 of the 1996 Act is the agreement of the parties to be bound by the decision of the arbitrator. The same is not to be found in the "solutions programme" which leaves the employee w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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