HSA | Dispute Resolution & Arbitration Monthly Update | January 2025

Dushyant Janbandhu vs. Hyundai Autoever India Pvt. Ltd.

2024 INSC 966

Background facts

• In 2019, the Appellant was appointed as Assistant Manager by the Respondent. Amid the COVID-19 pandemic, the Appellant worked from home from March 22, 2020, to January 6, 2021. Despite the Respondent's directive to resume physical attendance from August 2020, the Appellant's refusal led to disciplinary proceedings, including the issuance of a show-cause notice, an inquiry, and a charge memo. The Appellant's employment was ultimately terminated on January 6, 2021.
• During the pendency of disciplinary action, the Appellant was not paid his salary, prompting him to file a claim under Section 15(2) of the Payment of Wages Act, 1936 ("PW Act"). The Respondent countered by issuing an arbitration notice and unilaterally appointing an arbitrator. Additionally, the Respondent filed an application before the Authority under the PW Act, seeking reference of the dispute to arbitration.