Punishment for manufacruring documentary evidences and stating on oath they are true
skg
(Querist) 12 August 2013
This query is : Resolved
Dear Experts
In a labour case it has been established that the termination letter of a workman was manufactured and prepared with back date of temination since no postal receipts were placed on record despite admission of HR Manager in his cross examination that termination letter of that date was sent to him.
While award with 25% of backwages for 5 year of litigation only as compensation was passed in favour of workman but no punishment under creating false evidences and producing them in Labour Court was given to HR Manager or management under IPC's relevant sections of chapter XI .e. section 191 onwards.
My question to experts is whether now workman can sue the HR Manager or Managing Director of company now for fabricating false evidences to win their case now?
Please tell what procedure and where to file another case to teach them a lesson?
rgds
skg
Guest
(Expert) 12 August 2013
A labour court cannot go beyond its jurisdiction except to deal with matters of labour and service laws. You cannot expect a labout court to act as a civil or judiciary to deal with criminal offences also.
If you have any grievance about false witness or falsification of documents you may approach to a regular civil or court for trial. You can definitely sue them for falsification/ fabrication of documents.
skg
(Querist) 12 August 2013
Dear Sir,
Why then it is mentioned in Section 25 T or 25U of ID Act that there is imprisonment for adopting unfair labour practice.Is preparing or manufacturing false termination letter to get rid of an innocent workman not an unfair labour practice which the labour court should have considered and have given some punishment to management also to balance the judgement so that workman have got the true justice and in future managements also learn to respect law?
pls. reply
skg
Rajendra K Goyal
(Expert) 12 August 2013
If the labor is aggrieved from the decision of the labor court he may go for appeal.
There is imprisonment for unfair labor practice, but doubt is that the same is covered under that. A civil / criminal court has jurisdiction in such case.
prabhakar singh
(Expert) 12 August 2013
As Your query runs" the termination letter of a workman was manufactured and prepared with back date of termination since no postal receipts were placed on record "
And this lacuna gave you victory.
Chapter ends.
It can not be basis of conviction of the management or H.R.
Guest
(Expert) 12 August 2013
Late sending of termination letter is not a fabrication of document. If the document existed and the workman received that, may be late, the document was not proved as false or fabricated. Moreover, if there had been any difference between the document received by the worker and the document on record, only then the document could have been treated as altered or fabricated.
False evidences was also required to be proved, if you found to be. You have already admitted that the "Manager in his cross examination that termination letter of that date was sent to him." So, where the evidence was false? Neither the document was proved to be altered, nor evidence was proved to be false. Rather, absence of proof of date of despatch by post made you eligible for compensation.
As advised by Shri Rajendra K Goyal, if aggrieved, you may go for appeal against the judgment of the labour court.
