Lorry driver's security

Querist : Anonymous (Querist) 27 April 2010 This query is : Resolved
The police booked 338 IPC case against this lorry driver though he is not at fault. The lorry is owned by a transport company and the driver is not on regular rolls but he was working for the company for more than 2 years as on the date of accident.

Except obtaining bail for him the company do not support him in any manner. After the accident, the company forces him to leave the employment.

This driver is fighting against charges made against him in the courts of law past 2 years and likely to get acquitted.

Now the question is - Do this man has any legal remedy from his employer in terms of compensation - for his unsecured employment? Do company do not have any responsibility to atleast support this driver until his case is over?

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adv. rajeev ( rajoo ) (Expert) 27 April 2010
No security to such employees. I do agree that company could have at least supported him.

mahendrakumar (Expert) 27 April 2010
i feel the company is liable to support him as at the time of accident,he was employed by the company.

Raj Kumar Makkad (Expert) 27 April 2010
There is no law forcing the company to support such driver. Criminal case is against the driver in his individual capacity so he is only liable to defend it and company has no concern with it legally. If it supports then it is on just moral grounds and no the basis of force of any law.

a.manoharan (Expert) 27 April 2010
invoke the dispute in Labour Court for compensation , if u are able to prove that U have been in employment with him for more than 270 days continuously in one year

mahendrakumar (Expert) 28 April 2010
how can we say that the offence is committed on individual capacity,when the accident occured during the course of employment?

Querist : Anonymous (Querist) 29 April 2010
Yes. Mr. Mahendra you rose the right point - i await to hear responses on this point.

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