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Ghale BS   18 February 2018

Eligible for PCR case?

Criminal conspiracy
Please note fallowing points
on criminal conspiracy and harassment on forced labour.
I was recruited for as a General manager in govt of India enterprises, as per public sectors procedures and I signed and accepted the appointment letter with clauses (transfer and departments) inline with purpose of appointment and designation, 
If appointment letter designation was mentioned "GM(Any  department) I would have rejected the offer,system has made breach of trust after appointment.

CPSU systematically transfered(transported) or forced sent me to a isolated location, where there is no company establishment.
After reaching the transferred location, asked to do inferior, defamed, labour work, attender work, insulting work as sales man on roads with targets, against services agreement, when asked for establishment, as per service agreement ,company refused in writing and threatened for consequences ,abused, forced to sign fault letter and used public power forced to do illegal work for rewards ..
Points to be noted
1.Forced Transfer order, do not mention CPSU infrastructure address at Guwathi-Assam and asking to report to CGM marketing(master) at Bangalore H.O. 
Logics of reasoning
(a)knowingly CPSU has no company establishment at transferred location, it's amounts to cheating and illegal transportation of employee for salary to remote place for payments, attract IPC 370 (6).
(b) Asking employee(labour) report from Guwahati-Assam to GM marketing(master) who is based at Bangalore H.O , is deemed confirmed criminal conspiracy and harassment, with out mentioning the mode of reporting to master, to reduce salary or no salary with out CPSU office infrastructure.
(C) The illogical transfer to remote place for payment is against the appointment letter contract terms, never mentioned to transfer the employee or slave to remote place, as workman on slavery for reward ? 
2. VRS application to get out of clutch of harassment or slavery after sustained pains for 2 yrs is deliberately rejected by CPSU, even after accepting and recommended by reporting officer(master) for further Sevier tortures planed, to the level of life threat, destruction of career and family, VRS was opportunity given by employee to CPSU to relieve from hard slavery punishment, mental torture, physical harassment, as workman with out proven misconduct,
CPSU used the platform of routine labour case or procedures to kill India citizen rights to live and work, it is cold blood murder of person and his family with criminal intentions of set of people for no reasons, they have misused the government of India President Office and public money? 
************
If,  what had done to me is legally right by CPSU  is truly suppose be acceptable by individual employees or labours,
THEN all female employees should accept CPSU decisions of attempted mental, s*xual Harassment and any illogical work assigned, may be physical compromise for salary or rewards , if any resignation or VRS from female employees, to relieve from clutches, in the form appointment terms, are to be rejected for intentions of CPSU for forced labour? 
******
Section 370 Substitution of new sections 370 and 370A for section 370
Section 370 Substitution of new sections 370 and 370A for section 370.
1[370. (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports,
(c) harbours, (d) transfers, or (e) receives, a person or persons, by—
First.— using threats, or
Secondly.— using force, or any other form of coercion, or
Thirdly.— by abduction, or
Fourthly.— by practising fraud, or deception, or
Fifthly.— by abuse of power, or
Sixthly.— by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking.
Explanation 1.— The expression “exploitation” shall include any act of physical exploitation or any form of s*xual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs
Explanation 2.— The consent of the victim is immaterial in determination of the offence of trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
(3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(5) Where the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.
(6) If a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
(7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
370A. (1) Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for s*xual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.
(2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for s*xual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.
****
Legal opinion as fallows
IPC 370 (6)
Elements of constituting an offence u/s 370 that may apply to your case is
370 (6) by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received,commits the offence of trafficking.
Important here is "having control over the person", here it implies physical control/ wrongful confinement. You need to prove that by virtue of the inducement your colleague gave physical control of his being to the recruiters
*******
To prove in court of law, many documentary evidence are available.


Learning

 2 Replies

Suneet Gupta (www.vashiadvocates.com)     20 February 2018

You appear to be extrmely well versed and knowledgeable about the subject. I am not sure any of us on this Forum shall be able to guide you further in this regard.

Ghale BS   20 February 2018

Thanks.. I am doing study on this matter.. Please guide me. Most legal experts decides as service matter or labour case.. But in depth case study looks like crime after employment?

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