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Head Note

The Arbitration and Conciliation Act, 1996  - Section 11 (6)

Arbitration - Appointment of Arbitrator - There is no binding arbitration agreement between the petitioner and her employer - Attempt of the petitioner to bring in the provision for arbitration contained in the "solutions programme" as a part of the terms of her employment with the respondent No.2 remains wholly unsubstantiated - Even on a hypothetical application of the "solutions programme" the provisions contained therein with regard to conduct of arbitration proceedings in terms with the Federal Arbitration Act and the National Rules for resolution of employment disputes of the American Arbitration Association would specifically exclude the provisions of Part I including Section 11(6) of the 1996 Act - Besides, under Section 7 of the 1996 Act the parties to an arbitration agreement must agree to submit their disputes to arbitration - What is contemplated under the "solutions programme" is a mere possibility of the employee seeking arbitration as opposed to an obligation to refer all disputes to arbitration - Same is not to be found in the "solutions programme" which leaves the employee with an option to accept or reject the decision of the arbitrator - Petitioner held not entitled to invoke this Court's jurisdiction under Section 11(6) of the 1996 Act.

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