THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Arbitration Application No.163 of 2010 9th September, 2011 Between :- Newstoday (P) Ltd, TV Division, Having Regd.Office at Ramoji Film City, Hyderabad, Rep.by its authorized signatory V.Nagaiah Choudary .. Applicant And Md.Rashid and another .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Arbitration Application No.163 of 2010 ORDER:- This application has been taken out under sub-section (5) and (6) of Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of Arbitrator for resolution of disputes relatable to Service Agreement dated 8-4-2009. The applicant is engaged, inter alia, in the activity of collection and dissemination of news all over the world through television network etc. The applicant vide its letter dated 31-3-2009 offered to the 1st respondent the position of Trainee Copy-Editor/Reporter with a training period of one year. As per the terms of the Offer Letter, the 1st respondent was required to execute an agreement along with a person preferably a Government Servant standing surety for the due performance and observance of the terms and conditions of the agreement. The 2nd respondent stood as a surety for the 1st respondent for due performance and observations of the terms and conditions of the agreement. The respondents executed an agreement dated 8-4-2009 whereunder the 1st respondent agreed to complete the training period and to work thereafter for a minimum period of two years. The 1st respondent joined in the applicant’s organization at Ramoji Film City, Hyderabad on 14-4-2009 for training. The 1st respondent absented for the training without any sanctioned leave or intimation. The applicant issued a show cause notice dated 25-1-2010 directing the 1st respondent to show cause as to why he shall not be discharged from the training as he has left the training on his own accord. Show cause notice also came to be sent to the 1st respondent through E-Mail to his Mail ID on 29-1-2010. As per the terms of the agreement, the disputes between the parties are required to be resolved by an Arbitrator. The applicant issued notice dated 30-7- 2010 invoking clause 16 of the agreement dated 8-4-2009 and nominating Sri K.Prakash as sole Arbitrator. Respondents failed to intimate their consent to the name proposed by the applicant. Hence, this application. Notice to respondents came to be ordered on 8-10-2010. Despite service of notice, the respondents failed to enter appearance either in person or through a Counsel. Heard learned Counsel appearing for the applicant and perused the material brought on record. The 1st respondent joined in the applicant’s organization at Ramoji Film City as Trainee Copy-Editor/Reporter. As per the terms of the agreement, he has to work a minimum period of two years after the training period. The 1st respondent absented from the training and failed to report despite show cause notice being served on him. Thereby disputes arose between the applicant and the respondent. As per clause 16 of the agreement dated 8-4-2009, the dispute between the parties are required to be resolved by taking recourse to the provisions of the Arbitration and Conciliation Act, 1996. Hence, this application is allowed. Sri M. Bhasker, a retired District Judge, is appointed as Arbitrator for resolution of disputes between the parties relatable to Service Agreement dated 8-4-2009. He shall fix his own fee. No costs. _________________________ B.Seshasayana Reddy, J 9th September, 2011 smr