2024 INSC 966
1
REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 14299 OF 2024 @ SLP (CIVIL) NO. 29929 OF 2024
@ DIARY NO. 34174 OF 2023
DUSHYANT JANBANDHU ...APPELLANT(S)
VERSUS
M/S HYUNDAI AUTOEVER INDIA PVT. LTD. …RESPONDENT(S)
J U D G M E N T
PAMIDIGHANTAM SRI NARASIMHA, J.
1. Delay condoned. Leave Granted.
2. Questioning the appointment of an arbitrator by the High Court
of Madras under Section 11(6) of the Arbitration and Conciliation
Act, 19961, by the order impugned before us2, the appellant has
filed this appeal on the ground that the dispute with the
respondent-employer, M/S Hyundai AutoEver India Pvt. Ltd. is
governed by statute under the Payment of Wages Act, 19363 and
1 Hereinafter referred to as the ‘Act’. 2 Order passed by the High Court of Judicature at Madras in Arb O.P. No. 31 of 2022 dated
20.12.2022. 3 Hereinafter referred to as the ‘PW Act’.
2
the Industrial Disputes Act, 19474. In the normal course and in
recognition of judicial restraint, as incorporated in Section 5 of
the Act, we would have asked the appellant to raise these
objections before the Arbitral Tribunal itself. However, as the
following narration of facts speaks for itself, we have found that
the application under Section 11 of the Act is a clear abuse of the
remedial process. We have therefore allowed the appeal and
dismissed the Section 11(6) peti...