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4WhatIsRight (partner)     04 October 2011

Award of compensation by state government -is it justified

 YOUR OPINION FOR OR AGAINST is highly solicited for 360 DEGREE VIEW OF THE MATTER.
FIRE BREAKS OUT IN A BUILDING OWNED THRU LONG TERM LEASE BY A COMPANY, KILLING 40 INDIVIDUALS.THE STATE MACHINERY REGISTERS AN F.I.R. AGAINST THE DIRECTORS AND CARETAKERS OF THE COMPANY.THE STATE GOVERNMENT ANNOUNCES A COMPENSATION TO THE VICTIMS FAMILY MEMBERS.
THE COMPANY USING THE LOOPHOLES IN LAW AS BLESSINGS OF LAW APPOINTS NEW DIRECTORS (DUMMY / FALL GUYS) BY ELECTRONICALLY FILING FORM 32 TO R.O.C, WITH EFFECT FROM 28 DAYS PRIOR TO DAY OF ACCIDENT(THIRTY DAYS ALLOWED -COMPANIES ACT), WHEN INVESTIGATING TEAM RAIDS THEIR PREMISES ON THE NEXT DAY OF THE ACCIDENT.the investigating team claimed helplessness as it was allowed as per companies act.
MATTER IS SUB-JUDICE.
COMPANY FEARING AWARD OF COMPENSATION TO VICTIMS FAMILY IS GRADUALLY DISPOSING OF ITS ASSETS FOR PITTANCE ON FACE OF THE RECORDS, REAL TRANSACTION KNOWN BEST TO THE PARTIES OF BOTH THE PARTS, TO EMPTY ITS COFFERS AND APPARENTLY PREPARING FOR LIQUIDATION TO OUT SMART THE LAW.
query---
1) the state government awarded the compensation from tax payers hard earned money for the apparent mistake of a company guided by profit motive.
shall not the government claim back the amount paid as compensation to the family of the victims from the company apparently responsible for the tragedy.
is not such award of compensation by state government FOR NO FAULTS OF ITS OWN, an act of encouraging the greed intoxicated private organisation or individuals who show respect for human lives.
shall not the government take stern measures to set an example which shall act as an deterrent to other such greed oriented individuals and companies who show no respect to human lives and values.
shall not the state machinery ensure stay on sale of assets till disposal of the matter.
compensation for loss of young human lives who had a full live to enjoy was decided BY GOVERNMENT at 2 lakhs each.is it justified. shall not the assets of the organisation be seized, liquidated and proceeds distributed among the victims family.this would have been the natural action in developed nation.

IS NOT THIS A FIT CASE FOR P.I.L, suo-motu proceedings, WHERE GOVERNMENT IS USING TAX PAYERS HARD EARNED MONEY TO PAY FOR MISTAKES OF PROFIT MOTIVATED ORGANISATION.

PLEASE GIVE YOUR VALUED ADVICE AS TO HOW THE MATTER SHALL BE PURSUED TO ACHIEVE A JUST CONCLUSION. or
RECOMMEND GOOD NGO WHO STAND FOR THIS CAUSE.



Learning

 1 Replies

N.K.Assumi (Advocate)     06 November 2011

Ours is a welfare State and welfare of the people are the prime concern of the State. Apart from that, those aggrieved people can initiate legal action if there is any negligence on those concerned authority for violation of their civil rights.


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