Is salary "property" for ipc?

Please come out with details. Vague query.

You can read Chapter XVII of IPC which deals with Offences against property. Sec. 378, 383, 390, 391, 403, 405, 410-411, 415, 421-424, 425, 441.

Thanks "Ravinder P"

There is deduction in salary of an employee for April 2014 without giving any reason.

It is learnt that he was shown as absent for few days in February 2014.  However, the deductor knows that the employee was not at all absent hence no notice was given.

Now the question is:

Is deduction in salary without following proper legal procedure a mischief as per sec 425?

Here, Payment of wages Act is not applicable as monthly salary is more than 10000.

If private criminal complaint is made before magistrate with submission of salary sheet which shows the deduction without reason, will the complaint be admitted?

Will the burden of proof be on accused about deduction is legal?

The information furnished by you is not sufficient enough to give proper opinion to you.  Yo have not stated that if the person was working in a private concern or public sector undertaking or government office etc. You have not stated that how do you know that the employer also knows that this individual was not absent?  You have not stated that whether the deduction was due to the absence because during April, it may be TDS also. However, the referred section i.e., 425 IPC will not be applicable to this, moreover you have not stated that whether have you clarified in writing about the said deduction and if you found that to be illegal, did you write to the management/employer about this discrepancy, whether you received any reply t this, subsequently, whether you have sent any legal notice to the employer because, without giving an opportunity to the employer to explain his action, you cannot approach the court directly. Please clarify the details if you need proper opinion.

Thanks T. Kalaiselvan!

Q1:   Yo have not stated that if the person was working in a private concern or public sector undertaking or government office etc.

A:  Public Sector

Q2:   You have not stated that how do you know that the employer also knows that this individual was not absent?

A:  That was a pre planned conspiracy.  The employee reported for duty as usual but was not allowed to work.  Employee gave a letter to the employer informing his reporting and was disallowed to work, both by hand delivery and by RPAD.  The complaint was immediately lodged with Labour Commissioner.  The labour commissioner issued a show cause notice to the employer.  The further development such as whether employer replied to the notice are yet not known but will be known soon as RTI has been filed.

Q3:   You have not stated that whether the deduction was due to the absence because during April, it may be TDS also.

A:  The TDS was mentioned separetely in salary sheet.  This deduction is in April and shown as "adjustment" without any clarification as adjustment for what?

Q4:  moreover you have not stated that whether have you clarified in writing about the said deduction and if you found that to be illegal, did you write to the management/employer about this discrepancy,  whether you received any reply t this, subsequently,

A:  Yes, A written representation to the highest authority was sent on 10th april.  No reply so far.

Q5: whether you have sent any legal notice to the employer because, without giving an opportunity to the employer to explain his action, you cannot approach the court directly. Please clarify the details if you need proper opinion.

A:  In the representation to the highest authority it was stated that this grievance was not redressed by the highest authority the employee will be constrained to initiate appropriate civil and criminal action.  A complaint to the Labour Commissioner is still pending.

If violations in payment of wages would be taken very seriously, the management of King Fisher had been behind the bars cooling their heels.  They violated every provision in statute books related to workers and also company law.  Our State is very gracious towards the super rich.  So, trying to bring indian penal code in such small matter like yours frustrate you because in India private complainants face much harassment than the accused.  Ask any rape victim.  She will pour her sorrow.

Your application is still pending before labour commissioner.  Pursue it.  If they advise you to go under Section 33 C(2) of Industrial Disputes Act, 1947, refuse to do so, because whether you were forced not to join work or you voluntarily did not go for work, is a disputed question and it cannot be adjudicated in Section 33 C(2).  So, ask the labour commissioner, if the management refuses to pay the remaining amount refer the matter under Section 10(1)(C) of the Act for compulsory adjudication.  You have civil law remedy also, but that is not advisable in this case.

Thanks Adv. Chandrasekhar!

Almost every advocate in this forum opined alike.  I am not advocate.  But keep my eyes and ears open and my experiences do match with your opinion.

I was amused to know Supreme Court (or may be High Court) advised Dr. Subramanyam Swami to have big heart and not to pursue false affidavit case against Sonia Gandhi.

I am also amused to hear magistrate counsel Gadkari and Kejriwal to give up litigation.

It is good thing to have litigation free society (minimum litigation society).  But that is not achieved by putting under carpet the genuine claims for justice.

Yes, I will difinitely not go for 33 c(2).  I would have been happier if criminal recourse would have been feasible because even under sec 10 the individual perpetrator is not at all penalised not even a scar is inflicted and such things continue to happen.