I was working as a probationer principal developer-individual contributor for a small start up company for 4.5 months from sep-16 till jan-17 and put my resignation on 14th Jan-17 with last date as 26th feb-17.
On 25th Jan, my mother suffered heart and swine flu, so I left to attend her after informing hr.
And sent an official email on 1st Feb, saying I would be back by 13th Feb.
But on Feb 8th, MD sent a series of mails toy personal I'd(blocked offical I'd) accessing me of absconding, bad work and unethical behaviour, and also forged emails for back dating it.
Also didn't give me my Jan salary.
When I asked about the email forgery, I was fired on 15th Feb.
And sent my FnF on 31st March, asking me to pay 2lakhs claiming I worked half day for 40 days but got paid for full.
I filed a case at labour commission office and after 3 months they asked me to goto civil court.
Yesterday I got an email from a lawyer appointed by the company, asking me to come for arbitration 20 days later and also pay arbitration fees of Rs.45000.
I will be checking with a lawyer only on Monday since I am out of town.
Can I skip this arbitration and file a civil suit or is the arbitration compulsory?
Also, if the arbitrator rewards against me, can I file a civil case against it ?
P.S. employement agreement has sole arbitrator clause allowing the company to appoint its own arbitrator.