from filing the appeals within limitation period. In any case, they have submitted that, in case, the explanation of NHAI is taken to be truth ... also expressed our concern that these kinds of the cases are only "certificate cases" to obtain a certificate of dismissal from the Supreme
consultation and conciliation. As already
nominated above, conciliation can take place only if both the parties
consent. Rather, it is a case of abandonment ... clause in the present case.
28. In the present case, the clause/pre arbitral mechanism contemplates
mutual consultation followed by conciliation. As noticed in Abhi
provisions of the Arbitration and Conciliation Act, 1996 to apply
therein.
9.In the present case, on carefully going through the orders passed ... Council does not even initiate
the Conciliation proceedings. If in case, any conciliation proceedings are initiated
and it ends in a failure, the Council straight
there would be a conciliation to be made under the
provision of Arbitration and Conciliation Act, 1996 and in case of
failure in conciliation ... Arbitration and Conciliation Act, 1996 stipulates
that in case of any conciliation and if it fails, the matter would be
referred before the Arbitrator
before a Conciliation Officer as
recorded by the conciliation officer would have
to be given effect to.
4.32. In the case of ITC Ltd. Workers ... decision in those cases are quite different from
those present in the instant case. This is a clear case
where the management is guilty
found by the learned Single Judge,
there was no conciliation. In the absence of conciliation,
the award passed by the Facilitation Council would be null ... learned Single Judge) that there was no
conciliation proceedings which is mandatory. Without any
conciliation proceedings Facilitation Council passed the
impugned award which is therefore
approached the conciliation officer and conciliation officer had
given failure report and thereafter claimant had filed this
application.
12. Here, the case of the workman ... discussed above, the said sub section states that in case the
conciliation officer has submitted its failure report, then the workman after
forty-five days
Fourth schedule to the Arbitration and Conciliation Act 1996. In the
case on hand, it is not so.
16.As seen from the order passed ... lower than
the Fourth Schedule to the Arbitration and Conciliation Act 1996. In the
case on hand, admittedly, the parties had agreed
terminate Conciliation proceedings at any
stage as provided under the Arbitration and Conciliation Act,
1996 .‖
xxx xxx xxx
28. In the present case, the clause ... peculiar facts of the
said case. In that case, the petitioner itself had invoked the conciliation
mechanism under the agreement and it was only
terminate Conciliation proceedings at any
stage as provided under the Arbitration and Conciliation Act,
1996 .‖
xxx xxx xxx
28. In the present case, the clause ... peculiar facts of the
said case. In that case, the petitioner itself had invoked the conciliation
mechanism under the agreement and it was only
