can an employer charge sheet employee for his proceeding to court ?
SSng Aulakh
(Querist) 07 November 2010
This query is : Resolved
O.O.C.J. Bombay High Court
Suit No. 527 / 2005
Capt Sukhdev Singh vs The great eastern shipping co,
the company has charg sheeted one of their employee i.e. a senior master for his proceeding to the hon'ble high Court against them for his victimisation and non-payment of wages. The Charge No. 12 in the Charge sheet reads asbelow:
" You have proceed to High court against the company and filed suit ag................... have defamed the company's name therefoe you are guilty".
what can be the consequencess of this contempt of the company?
Khaleel Ahmed
(Expert) 07 November 2010
Your query is not clear with full required details.There is no contempt of the court.
SSng Aulakh
(Querist) 07 November 2010
Dear Madams / Sirs,
Please go through the following letter on the subject matter, it may make the things clear adding some details of the matter.
The Director General of shipping,
Walchand H. Marg, Mumbai- 400001
Advocate. Arunagiri
(Expert) 07 November 2010
There is no contempt. If any defamatory statement given by the employee, that can be a ground for the company for action.
What happened to the main case?
Nu.Delhi.Law.Fora.
(Expert) 07 November 2010
Dear Querist,
Whether or not to exercise his/her fundamental/legal rights depends on persons freewill and wisdom. No stipulation to the contrary is invalid. No wonder if there is any such contract between you and your employer, the same would be void since being illegal to that extent only.
Please be more specific as to what exactly you want us to opine on.
Trust this would suffice.
Kirti Kar Tripathi
(Expert) 07 November 2010
from the facts as narrated, it appears that you are being harrassed by unfair tactics adopted by your employers. since you are in service, the employer is well within its right to issue charge sheet, though the charges are false and unfounded.However, since the civil suit is already pending, you can seek relief by challenging charge sheet by making amendments in the suit itself.
Raj Kumar Makkad
(Expert) 07 November 2010
I have already replied your similar query on today
SSng Aulakh
(Querist) 08 November 2010
Madams / Sirs,
with reference to replies of the Experts
O.O.C.J. Suit No. 527 of 2005 is now
Before Hon'ble Court of Shri Justice RY Ghanoo,
Next date of hearing is 1530 hrs on 23rd Nov, 2010.
The plaint is already ammended challenging the charge sheet and out come of two years long enquiry (i.e. punishing terminating employee's services in 2006 with retrospective effect 2004).
The Hon'ble Bombay high court is pleased to issued writ of summons to the chairman, MD and other officials for violation of law of the land, natural justice and denial of fundamental rights to the complainant.
My eartswhile advocates M/S Consulta Juris, Nariman point mumbai were probably won over bt the Defendants and have taken arbetrarily took dischage from my matter, without returning the legal fee paid to them in advance. I am now appearing in person.
