Authority to file a private complaint....

deepak (Querist) 18 February 2010 This query is : Resolved
Respected Sirs,

An authority was given to 'Mr. X' an employee of the company to file a complaint before Magistrate. After filing the Complaint 'Mr. X' [an employee] left the Job. [but before the matter being finally decided]

substitution of authorized representative was not done. [i.e. substitution was not carried out]

Subsequent after some time 'Mr. X' re-join the company and continued as authorized representative with respect to said pending Complaint.

Now the matter is on board on regular basis..

is the authority given to Mr. X on earlier occasion is valid with respect to said Complaint? [as Mr. X was not an employee of the company for some time in between]

Thanks

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B K Raghavendra Rao (Expert) 18 February 2010
If the company has no objection, he may continue as the authorised representative of the company at the Magistrate's court. The company ought to have revoked the authorisation letter once Mr. X resigned his job. Since it has not been the company at its discretion may continue his representation without revoking the earlier authorisation.

Guest (Expert) 18 February 2010
agree with Mr Raghav

Raj Kumar Makkad (Expert) 18 February 2010
It is duly a valid authority and nothing is to be disturbed on the basis of some time break.

Parveen Kr. Aggarwal (Expert) 18 February 2010
The authority given for the purpose of prosecution of a court case may be withdrawn or varied by the company at any subsequent point of time. If the authority is not withdrawn and rather the same is ratified by the conduct of the company in permitting the same employee to continue prosecution of the proceedings, this is sufficient proof of the fact that the authority continued.

Guest (Expert) 18 February 2010
Mr.Deepak - An authorised person need not be an employee of the company. Anyone may be authorised by the company to act on its behalf. Hence whether an authorised person "is" or "was" an employee is immaterial to the legal proceedings already initiated. It is not legally defined who should be or who should not be an authorised person on a company's behalf. Even if the other side raises objection as to the locus standi of the authorised person, you may take this defence.

adv. rajeev ( rajoo ) (Expert) 24 February 2010
No problem, he can continue as the authorised person to conduct the case

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