VidhiSangh

Supreme Court of India · 11/12/2024

DUSHYANT JANBANDHU versus M/S HYUNDAI AUTOEVER INDIA PVT. LTD.

[2024] 12 S.C.R. 492 · 2024 INSC 966

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside the High Court's appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 at an employer's instance, holding the petition an abuse of process. The wage and termination disputes were already pending before the Payment of Wages authority and the Industrial Tribunal and were non-arbitrable, while the alleged breach of a non-disclosure clause was an afterthought never raised before termination, so no such dispute existed.

Issues

  1. Whether an employer could seek appointment of an arbitrator under Section 11(6) for disputes over non-payment of wages and the validity of termination, already pending before the authority under the Payment of Wages Act, 1936 and the Industrial Tribunal.
  2. Whether a claim of breach of the non-disclosure clause, raised for the first time in the Section 11(6) petition, disclosed an existing arbitrable dispute.
  3. Whether, despite the restraint in Section 5, the Court should decide the objections itself rather than leave them to the arbitral tribunal.

Provisions considered

Held

Result

Appeal allowed; High Court order appointing the arbitrator set aside and the respondent's Section 11(6) petition dismissed; respondent to pay the appellant costs of Rs. 5 lakhs within three months.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 492.