KINGFISHER AIRLINES LIMITED Vs. CAPT. PRITHVI MALHOTRA

JUDGEMENT

(1.) The common question of law, that arises for consideration in the above three petitions is, whether a industrial dispute or a dispute relating to enforcement of a right or an obligation created under the Industrial Disputes Act, ( the I.D. Act for short) is arbitrable, i.e. capable of being adjudicated by a private forum of an arbitrator.

(2.) The petitioner in all the petitions is a public limited company and a air transport industry . The respondent in each petition is employed by the petitioner as a Pilot. All the respondents have filed applications under Section 33(C)(2) of the I.D. Act read with Rule 62(2) of the Industrial Disputes (Central) Rules, 1957 in CGITcumLabour Court for recovery of their earned wages. They also seek interest on the earned wages at the rate of 18% p.a. from the date the wages become due and payable under the Payment of Wages Act read with Rules framed thereunder. After entering its appearance in the proceedings, the petitioner filed identical applications under Section 8 of the Arbitration and Conciliation Act, 1996 ( Arbitration Act for short) for referring the parties to arbitration in view of Clause17 in the respective letters of appointment of the respondents. The CGITcumLabour Court by its reasoned order dismissed the applications of the petitioner, which dismissal has led to the present petitions.

(3.) Clause17 referred to above reads as follows :