Legal Question in Civil Rights Law in India
Sir,
My wife has filled the employment bond in a private org and has left the org without notice because of illness, However as per the contract T&C of the company . one condition was if any dispute come between employee & org it shall be referred to ARBITRATION. but what i see that company went directly to the court and court did not watch on this condition, also order has been given by district (lower) court against us.
So i request to all please advice me that , is it the right way used by the org ? or if wrong then can i get benefit for this if i appeal ?
Thanks to all in advance.
2 Answers from Attorneys
02.03.2014
Dear Sir / Madam,
Court is a medium of arbitration. You may need to appeal against the Court order providing adequate evidence that your wife's medical condition restrained her from serving the notice period in the Company.
Regards,
Dear Sir /Madam
If there is an arbitration clause than the matter should be referred to the Arbitration (please see if there is any exclusion).
You can challenge this order on the basis of Arbitration Clause.
Send scanned copy of the Contract for exact interpretation.
.
Regards
9873400403
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