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14. 20.01.2018 Respondent’s email to the Claimant informing the C14 engagement of sub-contractor

15. 07.05.2018 Email sent by the Claimant to the respondent C15 seeking documents as per checklist for statutory compliance audit

16. 02.07.2020 Email sent by the Claimant to the respondent C16 reminding them about not paying the wages of the contract staff.

30. 09.09.2017 Email exchange reference ESI exemption R30 to 23.07.2017

20. The petitioner/claimant had engaged the services of an External Investigating Agency namely FTI Consulting on 13.07.2020 who had given Ex.C3 Draft Report dated 19.09.2020 and Ex.C22 Series Final Report dated 08.12.2020. This was purportedly after Ex.C18 Series E- mails of the petitioner/claimant to the respondent between 07.04.2020 and 25.04.2020 asking for relevant documents of the concerned contract staff/workers towards the payments of amount by the petitioner/claimant to the respondent was not responded by the respondent.

45. It is submitted that the Arbitral Tribunal has deliberately ignored the Minutes of the Meeting and video recording which are authenticated and ignored the material evidence, without any valid reasons.

46. It is submitted that the Arbitral Tribunal while awarding the counter-claim has failed to appreciate the fact that the wages paid by the petitioner/claimant directly to the contract staff/workers deployed by the respondent and its sub-contractor for the period between May 2020 till https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Div.) No.236 of 2023 July 2020 were not adjusted by the respondent in the respective monthly invoices.