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L.C.PAL (JOB)     27 March 2009

Is it criminal offence

If a workmen assualt his supervisor in the factory then employer can take disciplinary action including dismissal.   

I would like to know can an employer proceed against that workmen "as criminal offernce also" or what other charges or actions can be taken by the management.

L.C. PAL

 



Learning

 16 Replies

Swami Sadashiva Brahmendra Sar (Nil)     27 March 2009

yas. a criminal proceeding can also be initiated

n.k.sarin (advocate)     27 March 2009

agree with Dr. Tripathi.

prof s c pratihar (medical practitioner &legal studies)     27 March 2009

already answered by dr tripati ji,.criminal means ---a person charged with an offence and found guilty.one who has committed a crime.(Rakesh Srivastava vssr superintendent of police 1998 JIC311 .ALL).just little elaboration.

Ajay kumar singh (Advocate)     27 March 2009

Yes. But by the supervisor who is actually the aggrieved person and not by the employer.

Swami Sadashiva Brahmendra Sar (Nil)     27 March 2009

with due respect to mr ajay kumar i would submit that since supervisor was asaulted in the factory, employer can also lodge an FIR and his case will be more serious and forcefull than that of supervisor.

H. S. Thukral (Lawyer)     27 March 2009

There can not be serious or more serious case whether FIR is by the supervisor or the employer. Criminal case would depend upon the injuries sustained by the supervisor who shall have to go through medical examination. 


Employee is being dismissed from service for which you shall have to conduct the domestic inquiry and it might come during inquiry that there was grave provocation by the supervisor to ignite such behaviour by the worker. In that case perhaps the dismissal shall be disproportionate punishment . You are also filing a criminal case against the workman. What else action you want to take agasint him? You can hang him for that.     

K.C.Suresh (Advocate)     28 March 2009

Any body can initiate the criminal proceeding not necessarly the injured or aggrieved. Criminal act is always a criminal act even it is done inside the factory

Swami Sadashiva Brahmendra Sar (Nil)     28 March 2009

agree with mr. suresh.


i used the word "more serios" keeping in view the offences that may be charged apart from offences against body. there is difference between asault at any other place and asault in factory. however , i have to chek specific provisions of law.

Ishan Goel (Advocate)     28 March 2009

the employer can take any action which suits the matter & its facts and evidences.


i think first the employer has to check the truthness of the facts & evidences and then take necessary actions. if he finds out that there was an assault then FIR should be lodged & necessary actions like dismissal should be carried out against the employee.   if he finds out that the supervisor is faulty, then dismissal on inappropriate behaviour & creating nuisance should be carried out. 

Y V Vishweshwar Rao (Advocate )     29 March 2009

I  agree with lrd Mr H S Thakur  and others Friends  and  further  add;-


The  Employer can take action against the Wotrkmen and after due enquiry Employer may come to a conclusion   what to do in the given situation


The  Supervisor and Employer can File  Police complaint  


Both are out of the same  event  , but the proceedigns agaisant the Workmen- Action by Employer & FIR ,  will be indefferent in  nature , and depend on its own merits


 

Y V Vishweshwar Rao (Advocate )     29 March 2009

Correction  last line ;-


----- will be defferent in nature , and depen on its own merits

H. S. Thukral (Lawyer)     30 March 2009

Mr.  Prabhakar, there is no hard fast rule that if criminal proceedings are going on in a criminal court, domestic inquiries proceedings have to be halted if the charges are the same. Even if an employee is exonerated in the criminal case, the employer is not estopped from conducting a discipilinary inquiry and if charges are proved, to take a discipilinary action.


I would like to seek clarification as to how in an assault case which is non-cognizable, emplloyer can file a FIR 

ritu bhadana (advocate)     31 March 2009

i agree with all my ld. friends

H. S. Thukral (Lawyer)     31 March 2009

I am in agreement with you dear Mr. Prabhakar , I was just pondering over the advice of some other Ld. friends whether the employer can also initiate action in criminal law in case of simple assault.  


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