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The Supreme Court set aside the High Court's judgment and order appointing an arbitrator u/s 11(6) of the Arbitration and Conciliation Act, 1996. It held that the dispute regarding non-payment of wages and the legality of the termination order was non-arbitrable as it fell under the jurisdiction of the statutory authorities under the Payment of Wages Act. The alleged violation of the non-disclosure obligation was an afterthought not raised in the show cause notice, inquiry report, or termination order, rendering it non-existent. Consequently, the respondent's petition u/s 11(6) was dismissed.
The Supreme Court set aside the High Court's judgment and order appointing an arbitrator u/s 11(6) of the Arbitration and Conciliation Act, 1996. It held that the dispute regarding non-payment of wages and the legality of the termination order was non-arbitrable as it fell under the jurisdiction of the statutory authorities under the Payment of Wages Act. The alleged violation of the non-disclosure obligation was an afterthought not raised in the show cause notice, inquiry report, or termination order, rendering it non-existent. Consequently, the respondent's petition u/s 11(6) was dismissed.
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