aggregate claim of Rs.27,45,456/- is in respect of failure to report for work, which resulted in outsourcing and consequential financial loss; unauthorised absence; issuance of notices to the headquarters of the petitioner for mala fide purposes; illegally accessing sensitive data; participation in unlawful gainful business while the employment contract subsisted; and loss of goodwill and reputation. Both parties admit that the appointment letter contains an arbitration clause and that this document was signed and accepted by the respondent. The arbitration clause provides for dispute resolution in respect of all claims arising out of the letter and the employment between the petitioner and the respondent. The adjudication by the authority under the Payment of Wages Act was confined to claims made by the employee on account of alleged unlawful deduction by the employer. In these circumstances, it cannot be concluded that the claims of the petitioner are manifestly non-arbitrable. This conclusion shall not, however, preclude the respondent from raising objections on the ground that the claims made are covered by the prior adjudication by the authority under the Payment of Wages Act.
