$~
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve:24th April, 2024
Date of Decision: 11th July, 2024
+
ARB.P. 1210/2023
LILY PACKERS PRIVATE LIMITED
..... Petitioner
Through:
Mr. Anand Mishra, Mr. Sachin
Midha & Mr. Aditya Vikram Bajpai,
Advocates (M- 9910908594).
versus
VAISHNAVI VIJAY UMAK
..... Respondent
Through:
Mr. Pravin Salunkhe and Mr. Ashish,
Advocates (M: 9423406815)
WITH
+
ARB.P. 1212/2023
LILY PACKERS PRIVATE LIMITED
..... Petitioner
Through:
Mr. Anand Mishra, Mr. Sachin
Midha & Mr. Aditya Vikram Bajpai,
Advocates
versus
MEETKUMAR PATEL
..... Respondent
Through:
None.
AND
+
ARB.P. 1213/2023
LILY PACKERS PRIVATE LIMITED
..... Petitioner
Through:
Mr. Anand Mishra, Mr. Sachin
Midha & Mr. Aditya Vikram Bajpai,
Advocates
versus
RAHUL SHARMA
..... Respondent
Through:
Mr. Anupam Kishore Sinha, Adv.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUDGEMENT
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. These three petitions raise an important issue concerning appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter, the ‘Act, 1996’) in employment contracts.
3. The two main questions that arise for consideration in these petitions are:
4. The parties in all the three petitions are set out in the following table: Case Number Petitioner Respondents Agreement ARB.P.
1210/2023 Lily Packers Private Limited Ms. Vaishnavi Vijay Umak Service Employment Agreement (Executive) dated 16th April, 2022 ARB.P.
1212/2023 Lily Packers Private Limited Mr. Meetkumar Patel Service Employment Agreement (Executive) dated 30th June, 2021 ARB.P.
1213/2023 Lily Packers Private Limited Mr. Rahul Sharma Service Employment Agreement (Executive) dated 21st March, 2022 The facts in each of the three petitions are as under:
5. The present petition has been filed on behalf of the Petitioner-Lily Packers Pvt. Ltd. under Section 11 (6) of the Act, 1996. The Petitioner vide the present petition is seeking constitution of an Arbitral Tribunal in terms of the Service Employment Agreement (Executive) dated 16th April, 2022 (hereinafter, ‘Agreement dated 16th April, 2022’).
6. In the present petition, the Petitioner claims to be a company, which is engaged in the business of manufacturing and trading of corrugated packaging, sourcing and outsourcing of materials by way of hiring and/or contracting with third-parties to perform tasks, handle operations, or provide services for various companies worldwide.
7. It is stated that the Petitioner on 16th April, 2022 employed the Respondent- Ms. Vaishnavi Vijay Umak as a fashion designer in its division called ‘De Belle’ (hereinafter, ‘division company’). Further, in this regard, Agreement dated 16th April, 2022 was executed between the parties, wherein scope of the employee’s services were defined.
8. In terms of the Agreement dated 16th April, 2022, there were various conditions agreed upon by the parties including-salary and benefits, working hours, other employment conditions, lock-in period, confidentiality clause, data protection, etc.
9. Clause 5 of the Agreement dated 16th April, 2022 pertains to a lock-in period vide which the Respondent employee agreed to serve the Petitioner company for a period of 3 years from the date of joining. Clause 5 is extracted hereinunder for ready reference:
10. The Agreement dated 16th April, 2022 contains a negative covenant in Clause 9, as per which, the Respondent employee has agreed to devote her full time and energy to the Petitioner company during the course of her employment. Clause 9 of the said agreement reads as under:
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.