High court directed to go for arbitration. The high court has dismissed my writ petition and directed me to go for arbitration for redressal of dispute. I am a project manager in the public works department, and it is a contractual job. Some rules have been framed by the department for payments on the basis of the nature of the job. Whenever a project manager is deployed in the field she is entitled for special wages.
I was deployed in the field for nine months and also have an additional charge of another project. I wrote several letters to the concerned authority to enhance my remuneration but not enhanced. However, in the work agreement it has been mentioned that any dispute regarding salary, increment etc shall be referred to the arbitrator. When I got no response from the department, I filed a writ petition. But that writ petition has been dismissed by the high court. I am in dilemma after judgment of the high court.
Asked from: Haryana
The terms and conditions for contractual employees specifically provide for the resolution of disputes through arbitration. The Arbitration and Conciliation Act, 1996, is applicable in your case. Therefore, any dispute regarding wages shall be decided by an arbitrator. In light of the prevailing work agreement, the High Court cannot entertain your writ petition at this stage.
You have the option to invoke the provisions of the Arbitration and Conciliation Act and refer the matter to arbitration. If the work agreement designates an officer as an ex officio arbitrator, the dispute shall be referred to that officer. Otherwise, an arbitrator shall be appointed by mutual consent of both parties. Proceedings before the arbitrator are summary in nature, and strict rules of procedure and evidence do not apply. As a result, the arbitral award is typically issued within a short period.
If you are aggrieved by the arbitral award, you may file a writ petition. The High Court may quash the award if it finds irregularities or violations of the principles of natural justice, among other concerns.
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