CAN I FILE CRIMINAL CASE AGAINST MY EMPLOYER
SSng Aulakh
(Querist) 13 January 2011
This query is : Resolved
an employer dismisses services of an employee by letter.
employee goes to court.
the employer accepts employee in their service in their reply affidavit, and start enquiry against him, but did not pay wages and makes his EPF dormant.
after twoyears long enquiry employer terminates services of the employee with two years retrospective effect,under the clause to which they had already denied in their affidavit two years ago.
employer holds/misapropriates the E/PFUND uses held up salary to salary to their own benifit.
my questions are;
a. can employee file a criminal case against the employee, if yes under which law.
b. can employee file perjury petition against the employer for making false submissions under oath.
Pleade advise me.
Devajyoti Barman
(Expert) 13 January 2011
1. yes u/s 406.420 ipc.
2.no. only false stament in a court of law attracts perjury.
Debasish Hota
(Expert) 14 January 2011
Yes under the provisions of IPC. Offence are comming under misappropriation,cheating,mischief and furgery etc.
s.subramanian
(Expert) 14 January 2011
Instead of wasting your time in criminal courts,you can proceed before the Labour court for remedy and compensation.Criminal cases mostly end in acquittal.
Kirti Kar Tripathi
(Expert) 14 January 2011
My query is whether termination order speaks about the forfeiture of Salary with retrospective effect.
In case, termination order speaks about the forfeiture of Salary with retrospective no action can be taken unless termination order is declared illegal by the competent court. As payment of salary depends on the contents of termination order and deduction of PF depends on payment of salary, unless payment salary is not legally enforceable no deduction of PF is required. Even the termination order is bed in law, is valid until it is declared as illegal by the court. However, if termination order is silent about salary, the employee is entitled for salary and PF deduction on it he can seek remedy under the respective Acts. In case, employee was suspended pending inquiry, he is entitled for subsistence allowance under his service condition and deduction of PF contribution is also required in proportionate of payment of substance allowance.
Non depositing of contribution of EPF may leads the action of Section 406 IPC for which the employee has a right to complaint the PF department, which responsible for compliance of EPF Act, it is for the department to initiate proceeding against the employer and lodge FIR under Section 406IPC.
Ajay Bansal
(Expert) 14 January 2011
See A.I.R. Manuals.
