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illegal termination without any show cause notice
9 months ago
whether the Education Tribunal can hear the matter or whether it has to be referred for arbitration as per the service contract.
A.Dear Client,
If the contract of service provides a clause of arbitration for resolving the dispute or difference between the employer and employee, you need to frustrate the remedies provided in your contract of employment to resolve the dispute through the arbitration process as provided under the Arbitration and Conciliation Act,1996 failing which you may escalate the grievance before the Tribunal or other forums. Further, in the absence of an agreement to the contrary, the notice under Section 21 of the Arbitration and Conciliation Act,1996 by the Claimant invoking the arbitration, before the reference of the disputes to arbitration, is mandatory and without such notice, the arbitration proceedings which are commenced would be unsustainable in law. The provisions of Section 21 are not limited only for the purpose of determining limitation and a party cannot straight away file a claim before the Arbitrator without issuing the notice under Section 21 of the Act. For further clarification, you may seek the assistance of an Advocate in the matter.
If the contract of service provides a clause of arbitration for resolving the dispute or difference between the employer and employee, you need to frustrate the remedies provided in your contract of employment to resolve the dispute through the arbitration process as provided under the Arbitration and Conciliation Act,1996 failing which you may escalate the grievance before the Tribunal or other forums. Further, in the absence of an agreement to the contrary, the notice under Section 21 of the Arbitration and Conciliation Act,1996 by the Claimant invoking the arbitration, before the reference of the disputes to arbitration, is mandatory and without such notice, the arbitration proceedings which are commenced would be unsustainable in law. The provisions of Section 21 are not limited only for the purpose of determining limitation and a party cannot straight away file a claim before the Arbitrator without issuing the notice under Section 21 of the Act. For further clarification, you may seek the assistance of an Advocate in the matter.
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