Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights December 2024 Year 2024 This

The Supreme Court set aside the High Court's judgment and order ...


Termination dispute non-arbitrable, falls under statutory authority's jurisdiction.

December 13, 2024

Case Laws     Indian Laws     SC

The Supreme Court set aside the High Court's judgment and order appointing an arbitrator u/s 11(6) of the Arbitration and Conciliation Act, 1996. It held that the dispute regarding non-payment of wages and the legality of the termination order was non-arbitrable as it fell under the jurisdiction of the statutory authorities under the Payment of Wages Act. The alleged violation of the non-disclosure obligation was an afterthought not raised in the show cause notice, inquiry report, or termination order, rendering it non-existent. Consequently, the respondent's petition u/s 11(6) was dismissed.

View Source

 


 

You may also like:

  1. The High Court held that the petitioners have the option to file writ petitions challenging the orders of the Revisionary Authority either before the High Court within...

  2. Initiation of re-assessment proceedings/revision - Jurisdiction - The only error that appears to have crept in the order of the appeal authority as has been confirmed by...

  3. Rejection of Section 9 application - Initiation of CIRP - pre-existing dispute - The tribunal meticulously analyzed the arguments from both sides and relevant legal...

  4. TDS u/s 194C - Payment on account of freight expense - the statutory obligation to furnish the information regarding receipt of PAN and non-deduction of TDS is a fall...

  5. Rightful owners of 4000 shares or not - Exercise of jurisdiction u/s 8 of the Arbitration and Conciliation Act - The Appellate Tribunal emphasizes that the NCLT's...

  6. The Appellate Tribunal upheld the Adjudicating Authority's rejection of the Section 9 application filed by the Operational Creditor. The key points are: The Operational...

  7. Jurisdiction of the Adjudicating Authority (NCLT) to adjudicate upon a closure notice issued prior to the initiation of the Corporate Insolvency Resolution Process...

  8. Validity of order of passed by the Revisional authority - The respondent authorities acting as quasi judiciary authority by invoking the power under statute are expected...

  9. The Andhra Pradesh High Court held that the petition's maintainability depends on the availability of a statutory alternative remedy of appeal. The court emphasized that...

  10. Characterization of receipt - Compensation receipt on termination of contract - Addition under Section 28(ii)(e) - The Tribunal differentiates between termination and...

  11. Initiation of CIRP - The Corporate Debtor is not to raise bogie of disputes but there has to be real substantial dispute. The existence of dispute when the Demand Notice...

  12. Writ petition dismissed due to petitioner-Firm's failure to avail interim order for release of confiscated goods by furnishing bond and taxes within reasonable time....

  13. High Court rejected petitioner's writ petition challenging refund rejection order, observing that respondent authority had passed reasoned order after considering...

  14. Principles of natural justice - validity of adjudication order - Exercising a jurisdiction in an irregular manner by an authority is different from exercising a...

  15. The dispute pertained to the excise duty payable on certain goods, with the petitioner and the excise department adopting different classifications. The key issues were...

 

Quick Updates:Latest Updates