Is it criminal offence

yas. a criminal proceeding can also be initiated

agree with Dr. Tripathi.

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.

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

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.

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.     

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

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.

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. 

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

Correction  last line ;-

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

One thing may be noted.  If the charges in the charge sheet issued by the employer and the contents of FIR are same, the workman can approach the court of law for suspension of domestic enquiry  on the ground that  his defence in criminal case would be prejudiced.

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 

I would like to clarify.

In my earlier reply, I started my reply with " I agree with Mr. Thukral".  But, some how (I really wonder how), that line has not been shown up in my reply.  The rest of my reply came accurately.

I again totally agree with Mr. Thukral that there are no hard and fast rules as far as granting stay of domestic enquiry proceedings when the criminal proceedings are pending on the same and similar charges, but it is prudent on the employer to wait till the conclusion of criminal proceedings and hold domestic enquiry irrespective of the result of criminal case.  There are several authorities of the hon'ble S.C. where stay was granted and also where stay was declined.

I again agree that in congnizable cases, criminal proceddings will be initiated under Section 154 Cr.P.C. and in non-cognizable cases Section 155 is applicable.  Mr. Thukral may agree assault could be dressed up to bring into purview of cognizable offence.