Urgent real life situation help
nandita
(Querist) 20 March 2012
This query is : Resolved
Proposition
Beena is woking as a professor in a private college. She is the incharge of language lab in the college. on 19th march she leaves her language lab open to meet the director(of the college)in the mean time two desktops in the language lab which were not working are being repaired by Anil (computer lab assistant) in the language lab plus one student is also sitting doing is work. When Beena returns back she finds the "chip" (important tool for running language lab) missing. on asking the student ,she comes to know that Anil was fiddling with the main desktop on which the "chip" was attached and which was not to be repaired.
Beena is also the Security officer so tells Anil that he and his room would be frisked by the guards,on listening this Anil locks his room.
Beena reports the matter to the director of the college. Anil is called and Director without much questioning says that Rs 25,000 would be cut from Beenas salary as she was the care taker of the lab and blames it on her carelessness.
How to save Beena????
Adv.R.P.Chugh
(Expert) 20 March 2012
Though this is no place for moot court prepositions, however I'd still try and answer -
There may be two dimensions to it :-
i) First of breach of contract i.e Beena's contract with establishment - if the contract contained specific stipulation that Beena' was not to leave lab unattended in any circumstances - then this would constitute breach of contract for which damages may be sought. Damages would be such as would put the school in same place as if beena did not commit the breach (Market value of Chip)
ii) for tort of negligence - negligence i.e unintentional failure to conform to the conduct of reasonable man - Beena's not really liable. Whether she had a duty to care - would also squarely depend on her exact responsiblity in the organisation/her duties.
However in any case the trinity of i)Duty to take care ii) Breach of that Duty iii) Resultant Loss - would have to be proved.
nandita
(Querist) 20 March 2012
Thank you for the expedite reply.
The situation here is such that Beena had no per se contract to not leave the lab plus the lab was being attended by Anil (comp lab assistant for the repair of 2 desktops) and one student was also sitting.
i believe that the Directors order for Beena to pay from her own pocket smell bias and unreasonableness.
what defense can Beena take to not pay Rs 25,ooo?? please help!
ajay sethi
(Expert) 20 March 2012
she can request the college to state the basis on which figure of rs 25,000 has been arrived .
what is market value of the chip?
she can further state that she has not left the lab unattended but left it in care of computer lab assistantr.
she ahs not authorised lab assitant to repair the computer and it was done by him on his own accord . cost if any to be rcovered from assitant
nandita
(Querist) 20 March 2012
Thank you for the reply.
On the basis of the market value the cost of the chip has been cited.
Computer assistant was called to repair 2 computers in the meantime Beena went to see the Director. on returning back she checked and realized that the chip was missing. on telling to frisk the comp lab assitant and is room , comp lab assistant locked it.
Though responsibility of the lab was entrusted on Beena but no carelessness has been shown by her since the lab was left for a few minutes by her that too leaving it with the comp lab assistant,thinking him to be responsible enough to repair in her absence plus one sitting.
How can Beena wuth the help of law not pay any amount. I think the company should pay as it is a matter of theft and not employers fault. please throw light. Regards
nandita
(Querist) 20 March 2012
pl help its important
thank you
Raj Kumar Makkad
(Expert) 21 March 2012
This is nothing but an academic discussion which is against the policy.
nandita
(Querist) 21 March 2012
i need help!!!!
nandita
(Querist) 21 March 2012
should Beena lodge an FIR for the missing "chip" pl help give law advise!!!!
Sudhir Kumar, Advocate
(Expert) 21 March 2012
she should lodge FIR if she can take the risk to be in lock up for being suspect of theft and shifting blame on others.
V R SHROFF
(Expert) 21 March 2012
for moot court
?? academic query
Ajay Bansal
(Expert) 21 March 2012
Contact at 09467709695.
V R SHROFF
(Expert) 22 March 2012
Lodge Police Complaint for theft, if real life situation,,, though we guess it is not..............
