Extortion case
N.J. MISHRA
(Querist) 02 January 2012
This query is : Resolved
dear members kindy advise,
we have appointed a master for one of our ship for period of 4 months. his term of employment got over on 01/01/2012. the master since november was asking to relieve him on the expiry date of contract and for the same we have given the assurance. this master send email in the mid of december and has stated that i will not going to work after the expiry of the contrcat date or else the company should double his salary for each additional days on ship. we tried to convince in all the possible manner but he stick to his proposal.since it is a sea service releiving of the seafarer is not possible on the exact date of expiery of the contract as at that period of time the ship may in the middle of the ship. so seafarer are releieved only when it reaches to any port. the master again send mail to our office in Mumbai and has stated in the mail that if his demands (to be relieved on expiry of contract date or increase in salary)are not met then he will not work. thereafter he stopped responding to our emails which caused serious concern to our company about the safety of the ship as well as lives of the other people on ship. finally under fear we accepted master's demands. my query is whether this act of master amounts to extortion. can company can file extortion case against this master.
Devajyoti Barman
(Expert) 02 January 2012
This is not amounting to extortion , however the agreement for extension of his term is voidable on the ground of coercion and undue influence.
In stead of filing a criminal case rather terminate his job.
Shonee Kapoor
(Expert) 06 January 2012
No reason to differ.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com