TaxTMI 
TaxTMI 
2014 (4) TMI 1312
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....Captain of AirbusA-320 Aircraft with the defendant at New Delhi with a consolidated salary of Rs. 4,30,000/- per month and joined w.e.f. 7th January, 2008; (ii) that the defendant was however in a financial mess and unable to pay the salaries and owing whereto the plaintiff had no option but to resign from the employment of the defendant vide letter dated 13th February, 2012 which was accepted by the defendant in June, 2012 and the plaintiff was given No Objection Certificate; (iii) that the plaintiff has not been paid his salary for the months of December, 2011 to 14th February, 2012 i.e. for a period of two and a half months; (iv) that a sum of Rs. 13,00,000/- is due to the plaintiff towards salary fro....
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....tion of the Chief Operating Officer of the defendant or his nominee with the venue of the arbitration being at Mumbai or at any other place designated by the Chief Operating Officer of the defendant; (d) that even otherwise, this Court does not have territorial jurisdiction as the Letter of Appointment of the plaintiff provides for the exclusive jurisdiction of the Courts at Mumbai; (e) that the plaintiff has committed breach of Clause 15.4 of the Letter of Appointment and has not completed the Commitment Period of five years and not served the notice period; (f) that the plaintiff having not completed the Commitment Period of five years could not have terminated the Agreement without paying to the defendant such ....
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....ity for Leave Encashment also but there being admittedly no provision therefor in the contract of employment and upon it being put to the counsel for the plaintiff that in view thereof the suit therefor cannot be under Order 37 of the CPC and if the plaintiff insists upon recovery of the same, the suit for the entire amount shall have to be treated as an ordinary suit, the counsel for the plaintiff gives up the relief for recovery of amount on account of Leave Encashment. 7. The counsel for the plaintiff similarly, realizing that as per the terms of appointment, the gratuity could accrue to the plaintiff only after completing service for five years and which the plaintiff admittedly did not complete, gives up the claim for gratuity also.....
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.... the Courts at Mumbai have jurisdiction. Without any averment to the said effect, the said clause of exclusive jurisdiction cannot be held to have vested the Courts at Mumbai, which otherwise have no jurisdiction, jurisdiction over the matter. The reliance by the counsel for the defendant on Swastik Gases Private Limited Vs. Indian Oil Corporation Limited (2013) 9 SCC 32 in this regard is thus of no avail. 11. As far as the plea of arbitrability is concerned, defendant has not filed any application under Section 8 of the Arbitration and Conciliation Act, 1996. Upon the same being put to the counsel for the defendant, the counsel for the defendant invites attention to G. Rajarajan Vs. AIG Consumer Financial Services (India) Ltd. (2012) 5 ....