Dear Friends,
one MNC opens a subsidiary in India and registers it under Companies Act,1956.
The parent American Company makes some declaration/statement in its Annual Sustainability & Corporate Responsibility Report about some good policies/benefits/facilities for safety of Employees working with it .On correspondence with the Indian Subsidiary ,it was found that the same policies/benefits were not being provided to Employees working for Indian subsidiary which resulted in one of the employee losing his life due to an accident arising during course of employment.Had the measures/facilities as declared in Annual Sustainability & Corporate Responsibility Report been adopted for employees working for Indian Subsidiary,the accident would have been avoided.My Question is:
1-Since the Indian Subsidiary is being controlled by American MNC,can the statement in Annual Sustainibility & Corporate Responsibility Report be equally implied for Indian Subsidiary too,ie it may be considered as an statement by Indian Subsidiary!!?
2-If the answer to question 1 is yes,then Making of False Statement in Annual Sustainibility & Corporate Responsibility Report amounts to a Criminal Offence under Companies Act/IPC?
3-The company had admitted some potential risk attached with the kind of work its employees are doing & has listed measures to safe gaurd its employees but nothing such happened,thus an employee losing his life because of same risk and in absence of any preventive measures.Under what sections of IPC/Companies Act can the Management of Indian Subsidiary be Impeached for making such a false declaration?
Kindly elaborate
warm regards
Vinay kumar
