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Basavaraj (engineer)     09 May 2017

IPC 374. Unlawful compulsory labour

My colleague working in govt of India enterprises , has systematically transfered to a isolated location, where there is no company establishment. After reaching the transferred location, he has asked to do inferior, defamed, insulting work on roads against services agreement, when he asked for establishment as per service agreement ,company refused and threatened, can he file FIR on above IPC on forced labour OR human trafficking, any suggestions please.


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 20 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 May 2017

No FIR. But you can approach labour commissioner with your greivances.

Basavaraj (engineer)     09 May 2017

Thanks for advice but my colleague do not fall under purview of ID act, thorough FIR to reach HC or File criminal case directly at HC on grounds of IPC, 370,374 and 420?

Kumar Doab (FIN)     09 May 2017

How does it amount to human trafficking!

Basavaraj (engineer)     09 May 2017

IPC 370: Section 370 of the Indian Penal Code

Trafficking of persons[1]

  1. Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d) transfers, or (e) receives, a person or persons, by—
    1. using threats, or
    2. using force, or any other form of coercion, or
    3. by abduction, or
    4. by practising fraud, or deception, or
    5. by abuse of power, or
    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.

MY COLLEGE SYSTEMATICALLY RECRUITED FOR PURPOSE OF SERVICE AS PER SERVICE AGREEMENT, TRANSFERED OR TRANSPORTED BY FORCE AS PER SERVICE AGREEMENT, FORCED INFIORER LABOUR WORK ON ROADS AS SALES MAN WITHOUT INFRASTRUCTURE AND REFUSED COMPANY ESTABLISHMENT IN WRITING, THREATENED, ABUSED, POWER OF CONSEQUENCE  IN WRITING FOR REFUSING THE ILLOGICALLY WORK AGAINST THE SERVICE PAYMENTS

Sudhir Kumar, Advocate (Advocate)     13 May 2017

Has he not been allowed to resign

Basavaraj (engineer)     13 May 2017

Dear All, Employee has given opportunity to CPSU of golden hand shake has been rejected and forced to do labour and terminated illogically with out fallowing natural justice. Forced labour on women in industry with out her will.. There many IPCs similarly Forced child labour, bonded labour, for

Basavaraj (engineer)     13 May 2017

forced labour by senior citizens etc are protected by IPC. What about forced labour on male employees, either its terms as harassment and no IPC..?

Basavaraj (engineer)     13 May 2017

Further to add above, Department of public enterprises appointed contract employee, Managing director of CPSE is enjoying so much power given by president of India, that not only forcing employee to do illogical work and further illogical termination, but also made employee to suffer in society without any job, because, he deliberately has not issued his SERVICE CERTIFICATE OR EXPERIENCE CERTIFICATE, hence causing career destruction for ever? Till now employee is in good books of CPSE with out any charge sheet or misconduct. Can any one guess the misconduct or mistake of employee?

Basavaraj (engineer)     02 June 2017

The information is not for read only, required legal opinions, arguments and contributions by legal experts.. Reminded

Basavaraj (engineer)     02 June 2017

The information is not for read only, required legal opinions, arguments and contributions by legal experts.. Reminded

Basavaraj (engineer)     11 June 2017

The criminal conciprency is executed after employement is also cheating (420 case) in a organization, in the name of organization procedures, This has two face one is any one see as labour case, other case crimes by set of peoples inside a government of India organization, openly challenged the presidential power to justice department..

Basavaraj (engineer)     11 June 2017

The criminal conciprency is executed after employement is also cheating (420 case) in a organization, in the name of organization procedures, This has two face one is any one see as labour case, other case crimes by set of peoples inside a government of India organization, openly challenged the presidential power to justice department..

Bespoke Legal (Advocate)     30 June 2017

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

Basavaraj (engineer)     30 June 2017

Yes.. To prove in court of law, many documentary evidence are available as a 1.Transfer order with out CPSU establishment address at transferred location, proved as Forced transported for slavery against reward of payment (salary) 2. To prove physically control on person, CPSU dictation letters are available for forced labour as sales man on roads with sales targets.(beggars on roads with begging targets by master) 3.To prove mental control on person, CPSU commanding, abusing, refusing letters to accept the illogical work under SPE act of 1976 which attracts ID act of 1947. 4.The case has two face of coin One, it's looks like more of service matter being managerial designation, but irrespective of salary and designation, based on nature of duties, it is under ID act.. Which is violation of constitutional rights as per article 32? Second face is deliberate body shopping for reward as a PCR case, which attracts cr.pc on Breach of trust, dishonesty, cheating by appointment, forced slavery for payment etc. ****** In my view If the decisions taken on forced labour by CPSE management employees or CPSE contract employee (MD) or controlling ministry of Indian government, is true, validated under laws of land and government department of justice ministry, can justify the same, any CPSE employee should accept without any questions, THEN, all the female employees of CPSE should accept CPSE decisions of any s*xual Harassment and any illogical work assigned to them, may physical abuse is to be honored for reward? Thanks for your comments, I appreciate, because non of the seniors members in this forum are inline with the case study?

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