Bombay High Court backs railway in wage dispute, affirms arbitrator’s decision
1 month, 4 weeks ago

Bombay High Court backs railway in wage dispute, affirms arbitrator’s decision

Hindustan Times  

MUMBAI: The Bombay High Court on Tuesday upheld an arbitration ruling in favour of the Central Railway, dismissing a claim by a contractor seeking compensation for increasing wages after a government-mandated minimum wage hike. Bombay High Court backs railway in wage dispute, affirms arbitrator’s decision The contractor had argued that the arbitration ruling was invalid as the arbitrator, as a railway employee, was impartial. The dispute arose from a June 2016 contract between M/s Truly Pest Solution Private Limited and the Central Railway, for pest and rodent control services across multiple railway depots. The Central Railway, represented by advocate Savita Ganoo, countered that the issue of arbitrator’s appointment raised by M/s Truly Pest Solution were not valid under section 34 of the Arbitration Act, as the contractor had waived his right to object in writing.

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History of this topic

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence
1 month ago

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence

Live Law  

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that after persuading the Supreme Court to refer the disputes to arbitration, it is not open for the appellant to now question the validity of the reference. Thereafter, the appellant filed a suit seeking a decree of permanent injunction restraining the respondent from raising any illegal …

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence
1 month ago

Delhi High Court Sets Aside Claim Of Rs.15 Lakh Awarded By Arbitral Tribunal Due To Lack Of Evidence

Live Law  

The Delhi High Court Bench of Justice Vibhu Bakhru and Justice Sachin Datta held that after persuading the Supreme Court to refer the disputes to arbitration, it is not open for the appellant to now question the validity of the reference. Thereafter, the appellant filed a suit seeking a decree of permanent injunction restraining the respondent from raising any illegal …

Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court
5 months, 3 weeks ago

Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that the arbitral tribunal may exercise its power to award compensation for breach if a Contract has become incapable of specific performance. The Appellant's petition under Section 34 was dismissed, with the High Court noting that it cannot interfere with the arbitral tribunal's findings …

Arbitration Weekly Round-Up: 8th January-14th January 2024
11 months, 3 weeks ago

Arbitration Weekly Round-Up: 8th January-14th January 2024

Live Law  

Delhi High Court Arbitral Tribunal Can Award Damages For Delay Attributable To Employer Even When The Agreement Provides For The Extension Of Time As The Only Remedy To The Contractor: Delhi High Court Case Title: MBL Infrastructure Ltd v. DMRC, OMP 311 of 2021. A Clause That Restricts The Right Of The Contractor To Seek Damages For Delay Attributable To …

Arbitration Monthly Round-Up: November 2023
1 year, 1 month ago

Arbitration Monthly Round-Up: November 2023

Live Law  

International Judgments Hong Kong Court Refuses To Enforce A Mainland Arbitration Award For Failure Of Arbitrator To Meaningfully Engage With Arbitral Proceedings Case Title: SONG LIHUA v. LEE CHEE HON, CONSTRUCTION AND ARBITRATION PROCEEDINGS NO. Section 29A Permits The Court To Extend The Mandate Of The Arbitral Tribunal Even When The Application Is Made After The Expiry Of Time Limit …

Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court
1 year, 2 months ago

Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court

Live Law  

Recently, the Supreme Court, while rendering an arbitral award as patently illegal and being in conflict with the “public policy of India”, held that a claim for damages cannot as a matter of course result in an arbitral award without proof of the claimant having suffered injury. It is elementary, though it has to be restated, that a judicial decision …

Unilateral Payment Demands Amount to Unfair Trade Practice, Chandigarh District Commission Holds Indian Railway Welfare Organization Liable
1 year, 3 months ago

Unilateral Payment Demands Amount to Unfair Trade Practice, Chandigarh District Commission Holds Indian Railway Welfare Organization Liable

Live Law  

Recently, the Chandigarh District Consumer Disputes Redressal Commission-I bench comprising Pawanjit Singh, Surjeet Kaur and Suresh Kumar Sardana has directed the Indian Railway Welfare Organization to pay Rs 30,000 to the complainant for charging extra amount after the booking of the flat property. Brief Facts of the Case: Shyam Sunder Garg had booked a flat in the "Rail Vihar" housing …

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022
2 years ago

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022

Live Law  

Bombay High Court: Correspondence Between Parties Cannot Overrule Clear Intention Under Agreement Providing For Optional Arbitration: Bombay High Court Case Title: GTL Infrastructure Ltd. versus Vodafone India Ltd. Arbitration Can Be Invoked Against Party Deleted From Section 9 Application: Bombay High Court Case Title: Deccan Paper Mills Co. Ltd. versus M/s. Calcutta High Court: Disclosure Of Impartiality By Arbitrator Appointed …

Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court
2 years, 1 month ago

Clause Merely Providing Departmental Remedies, For Faster Resolution Of Disputes; Does Not Constitute An Arbitration Agreement: Bombay High Court

Live Law  

The Bombay High Court has ruled that the power of appointment of arbitrator by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996, cannot be deemed to have a precedential value. Rejecting the contention of the applicant that the Court must, 'by default', refer the disputes to arbitration while deciding a Section 11 application, the bench …

MHA Order Directing Employers To Pay Wages During Lockdown, Not Applicable To Workers Who Were Unemployed Or Unpaid Before The Lockdown: Bombay HC
4 years, 5 months ago

MHA Order Directing Employers To Pay Wages During Lockdown, Not Applicable To Workers Who Were Unemployed Or Unpaid Before The Lockdown: Bombay HC

Live Law  

In a significant order, the Bombay High Court has held that order passed by the Union Ministry of Home Affairs under the Disaster management Act directing all states and union territories to ensure that all the employers shall make payment of wages to their workers without any deduction during the lockdown, is not applicable to those workers who remained unpaid …

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