Affidavit & indemnity bond
Neeraj Kumar Giri
(Querist) 12 November 2013
This query is : Resolved
Sir,
I am sorry for incomplete query, actual I want to know that : My friends younger brother has taken his father Service in Eastern Coalfields Limited on accidental Death case of his father, and while fulfilling the employment procedure he has to given an Affidavit and a Indemnity Bond that he will look after all his fathers dependent, i.e. his elder brother and his family and if he fails to do so the Management can deduct 50% his salary and award to his elder brother and he had submitted the said Affidavit & Indemnity bond to Eastern Coalfields Limited, but un fortunately now after taking the Service he refuses to look after his elder brother and his family.Please inform me about the legal procedure what to do.Is there any ground to file a court case and if yes what section it will attract to.
The age of the Elder brother is 40 years.
Ms.Nirmala P.Rao
(Expert) 12 November 2013
If your elder brother is otherwise able bodied and educated or employed etc, he can't get any relief from his younger brother who is employed with eastern coal fields.If he doesn't have adequate means to support himself then, he can seek maintenance from his younger brother \based on the indemnity bond supported by affidavit and seek attachment of the salary of younger brother to the extent he is unable to maintain himself. However, there are provisions for maintenance of wives, daughters and minor sons and aged parents etc and not brothers as per Hindu Adoptions and Maintenance Act or Section 125 of Cr.P.C.Since the older brother is a major and able bodied, such bonds can't be strictly enforceable by law. If you wish to thank me for this reply please click the thank you button on my profile.
Raj Kumar Makkad
(Expert) 12 November 2013
The condition of compassionate service shall prevail over the general conception to which Ms. Nirmala Rao has relied upon. Specific condition undertaken to be followed by such person shall have to be followed.
elder brother is now required to make representation to Coalfields in the issue and should demand the deduction of salary and directly to pay him.
Neeraj Kumar Giri
(Querist) 06 July 2014
Respected Makkad sir,
As you have suggested that the elder brother should demand from Eastern coalfields limited for deduction of salary (Attachment of Salary) and he did so by making several application but from last five month Management of Eastern Coalfields Limited has not taken any action in this regard, Under such circumstances what is your suggestion to seek relief, Is it to file a case in Court, during the filing of case who will the party The ECL & his younger brother. In this case what is your perception. What will be the decision of Court.
Thank You.
V R SHROFF
(Expert) 06 July 2014
ISSUE LEGAL NOTICE.
DEMAND/ OR TAKE LEGAL ACTION.
IF NO RESPONSE, FILE CIVIL SUIT
Raj Kumar Makkad
(Expert) 06 July 2014
Obtain the help of the local lawyer who shall serve the legal notice followed by civil suit which shall consist all relevant parties as respondents/defendants therein.
Neeraj Kumar Giri
(Querist) 06 July 2014
Respected Experts,
Kindly give me advice that what is the scope of this case, if Civil Suit is filed. And under which section of CPC Suit is to be filed.
Thanking You.
Raj Kumar Makkad
(Expert) 07 July 2014
You have already been advised to contact to a local lawyer in this regard because there are god chances in your civil suit.
