IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Arb. Case No. 93 of 2010 Date of decision: 19.5.2011 Ronobir Dasgupta …..Petitioner vs. M/s Afcon Exim Private Limited and another …..Respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA Present: - Mr. Manish Jain, Advocate for the petitioner. Mr. Manoj Kaushik, Advocate for respondents No. 1 and 2. HEMANT GUPTA, J Petitioner has sought appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation, Act, 1996 (for short the ‘Act’) in respect of the payment of his due salary arising out of a contract of employment dated 11.2.2009. The relevant clause of the contract reads as under: - 8. Effective on the termination date of this contract, or on the date this Contract may be cancelled prior to the termination date as provided above, you shall surrender all administrative titles and duties. Other than as specifically provided in this Agreement or in the standard terms and conditions, the Company shall have no further obligation under this agreement. Petitioner requested for appointment of an Arbitrator vide the communication dated 2.2.2010 (Annexure Arb. Case No. 93 of 2010 P-5) being part of standard terms and conditions. But since the Arbitrator was not appointed, the petitioner invoked the jurisdiction of this Court. In reply, respondents denied that there is any Arbitration Clause in the letter of appointment. It is asserted that the standard terms and conditions are not the part of the Agreement and that there is no standard terms and conditions in the matter of employment. Respondents herein were directed by this Court on 23.2.2011 to file an affidavit in respect of the standard terms and conditions as mentioned by the petitioner. Learned counsel for the respondents has not filed any affidavit, though many opportunities were availed. In view of the said fact, it cannot be disputed that there is an Arbitration Clause in the letter of appointment being part of standard terms and conditions appended with the petition. Therefore, the dispute between the parties relating to payment of salary arising out of the letter of appointment is to be resolved through an Arbitrator. In view of the said fact, Mr. B.M. Bajaj, District and Sessions Judge (Retd.) resident of H.No. 322, Sector 31, Gurgaon is appointed as an Arbitrator. Learned Arbitrator may fix his fee with the consultation of the parties with liberty to the parties to seek directions, if any required, in the matter of fee. 2 Arb. Case No. 93 of 2010 (HEMANT GUPTA) JUDGE 19.5.2011 preeti 3