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21. 22.05.2020 Email sent by the Claimant to the respondent C21 seeking related documents of the concerned contract workers towards Internal Audit / External Investigation.

22. 13.07.2020 Engagement letter (13.7.2020) issued by the Claimant C22 & to FTI Consulting and the Final Investigation report series 08.12.2020 (8.12.2020) & working sheets

26. 13.06.2019 Govt. of India’s notification on revision of ESI C26 (Employer & Employee) contribution w.e.f. 01.07.2019

27. 31.07.2020 Notice of the Claimant seeking remittance of the C27 terminal benefits of the contract workers deployed by https://www.mhc.tn.gov.in/judis Arb.O.P.(Com.Div.) No.236 of 2023 Sl. Date Description Ex.No. No. the Claimant after the termination of the contract

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.