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aruntrivedi (lawyer)     22 January 2010

civil complaint

Hi My Cousin is working for one of the courier company in India.His duty involves taking parcels and checking and sending it to the destination where it should go.He was working for the same courier company more than 10 years .But now a small mistake was made by him and his 2 other colouges not checking one of the parcel packet which has some acid related liquid resulted in flames in the flight.The flight company has fined courier company 20 Lakh rupees.So courier company has forced that money on the employees who were involved in not checking the parcel before delevering.Can you please suggest what to do he earns only 6500 RS after tax and courier company i mean his employer asking him to repay 1lakh 50 thousand in 2 years time about RS 5000 a month


 3 Replies

Daksh (Student)     22 January 2010

Respected Mr.Arun Trivedi,

In my humble view anything done bonafidely during course of employment does not necessarily entails penal provisions.  Your cousin's past unblemished service record speaks in volume about the dedicated attitude.   In all probability the following needs to be considered that whatever necessary ought to have been done by and on behalf of your cousin was done and more particularly there is nothing intentional and whatever tragedy has occured it was covered within the meaning of force majuere (whatever reasonable was expected had been done)  considering the nature of duty and probability of unintentional human error the employer cannot pass on the responsibility. 

One more important aspect to be considered at this point is that to my mind these packets are insured and whatever damage might have occured (may be on account of human oversight and coupled with the probability of not been able to dedect the contents of the parcel but at no stretch of imagination intentional and contrary to the employment stipulations).  Even before imposing the penality the employer ought to have put your cousin under notice. 

Last but not least if in case the employer thrusts his loss like this is he willing to share the profits so earned during employment of your cousins last ten years employment.  It is a business call - in the fitness of things let the same come on record by way of written communication - so that if the situation warrants the same can be escalated for concluding the episode in a logically sound manner not prejudicial and detrimental to your cousin.

Best regards


Suchitra. S (Advocate)     22 January 2010

I think there are two issues here. One, the damage money the filght company is asking from the courier service provider. and the second is, the penalty imposed by the courier service people on its employees. The filght company is correct inasking for damages frome the courier people for the damage. It is the responsibility of the courier service to compensate the the loss. I feel it is the responsibilty of courier service people to compensate from their pocket. They cannot collect all the money to be compensated from its employees. At the best they may be warned and even fined for their negligence. It is not fair on part of courier service people to collect such huge amount from the emloyees. I agree with Daksh on other points.

Raghav Sood (Lawyer)     23 January 2010

since it is departmental action there must be some enquiry regarding them and you should file objection in that enquiry if they have not conducted any enquiry then they can not impose penalty on the employees

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