complaint against employee
N.J. MISHRA
(Querist) 25 April 2011
This query is : Resolved
please member suggest me,
can a company initiate a criminal case against its employee who assaulted his co-employee by iron rod and caused serious injury to him. if yes under what circumstances.
M.Sheik Mohammed Ali
(Expert) 25 April 2011
as per law any where in india, who ever doing on offence may punished as per law. may be the employee punish grievous hurt and attempt to murder
M/s. Y-not legal services
(Expert) 25 April 2011
If any case filed under penal sections mean automatically the state only will initiate the case against the accused.. If that company is complainant mean its will be stand as complainant only..
Kiran Kumar
(Expert) 25 April 2011
iron rod is a dangerous weapon and you have said the injuries were serious, so there must be a criminal case against the offending employee....let there be a realistic complainant.
company on the other hand can take appropriate action for removal of the employee keeping in view the labour laws and the company policy.
Guest
(Expert) 26 April 2011
Crime is a crime, whether committed in a public place or private place (company premises) that has to be reported to the police for investigation and prosecution, if justified on investigation. It is not a question whether some company employee has hurt another employee of the company.
N.J. MISHRA
(Querist) 26 April 2011
in this case one employee has assaulted his co-employee in the high seas during the course of their employment. can a criminal case can be filed in india. the person who assaulted is from Bihar and the person who is seriously injured is from chennai.which place is having the jurisdiction to file a criminal case.
please guide me.
Advocate. Arunagiri
(Expert) 26 April 2011
Bihar and Chennai are having concurrent jurisdiction for initiating action.
Guest
(Expert) 27 April 2011
If the incident happened in the see territories relating to india, the case can be registered in India. Moreover, the injured employee related to Cennai, that can be registered in Chennai (India) If that happened in the sea territory of some other country, the case could also have been registered in the concerned foreign country. So, if the case has been registered in India that way the offender is lucky that the case would be registered in his own country.
