RAHUL JAIN vs FIITJEE LTD. & ANR.

Judgment text excerpt

$~O-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 438/2025 Date of Decision: 09.05.2025 IN THE MATTER OF: RAHUL JAIN .....Petitioner Through: Mr. Kumar Prashant, Adv. versus FIITJEE LTD. & ANR. .....Respondents Through: Ms. Disha Sharma, Adv. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The petitioner has filed the instant petition seeking following reliefs: “a. Appoint an arbitrator for adjudicating the dispute(s) and differences between the parties to the present petition in terms of the Service Rule Manual” 2. The facts of the case would indicate that the petitioner joined the services of respondent No.1 on 22.01.2014. He appears to have resigned in the year 2023. According to the petitioner, necessary dues were not cleared by the respondents and he then issued notice under Section 21 of the Arbitration and Conciliation, 1996 Act, on 03.06.2024. 3. It is further submitted that despite several reminders, the respondents have failed to pay the petitioner his full and final statutory and contractual dues to date. These dues include payments towards the Sincerity Fund, Signature Not Verified Signature Not Verified Signed By:PRIYA Signed Signing Date:20.05.2025 By:PURUSHAINDRA 18:15:47 KUMAR KAURAV Leave Encashment, and ESOP. As per the petitioner, the total amount claimed at the time of issuance of the notice is approximately Rs. 16 lakhs. Learned counsel for the petitioner has also drawn the attention of this Court to the Service Rules for the Employees of FITJEE Ltd. 4. While placing reliance on clause 36(a) of the said Service Rules, he submits that there exists an arbitration clause which reads as under: “36.(a) All disputes and differences of any nature with regard to the FIITJEE service manual and the