Hii experts. My dad is an electrical contractor. Two of his labour robbed a small part of cable in the company they were employed. The whole cable was worth 8 lake rupees. Now the company is putting our payment on hold and asking to pay the amount back.
What's the best solution we can do legally to release our payment and take action against the labour.
I really need your advice to help out my dad. Please share your valuable suggestions.
From India, Mumbai
What's the best solution we can do legally to release our payment and take action against the labour.
I really need your advice to help out my dad. Please share your valuable suggestions.
From India, Mumbai
The items are 2 separate things and can not be linked together for legal action.
The company is definitely right in holding your bill as you have stolen their material (note, action of your employee is as your agent and therefore, legally, they can say you as a company stole their material. This is a civil matter not criminal. In criminal matter you are not liable for the theft done by someone else.)
You need to file a police complaint against the employees and have them arrested and try to recover the money or material from them. If they sold the cable, then you can ask the police to include the buyer in the investigation as buying stolen equipment is a crime too. You can get the balance amount from them.
As for the company is concerned, you need to pay them and get your money back.
In alternate, appeal to them and offer to pay the money back in parts if you are doing more work for them. Or ask them to deduct the amount and pay the balance.
From India, Mumbai
2394The company is definitely right in holding your bill as you have stolen their material (note, action of your employee is as your agent and therefore, legally, they can say you as a company stole their material. This is a civil matter not criminal. In criminal matter you are not liable for the theft done by someone else.)
You need to file a police complaint against the employees and have them arrested and try to recover the money or material from them. If they sold the cable, then you can ask the police to include the buyer in the investigation as buying stolen equipment is a crime too. You can get the balance amount from them.
As for the company is concerned, you need to pay them and get your money back.
In alternate, appeal to them and offer to pay the money back in parts if you are doing more work for them. Or ask them to deduct the amount and pay the balance.
From India, Mumbai
I have a different take on this issue.
FIR should be or should have been lodged by the owner of premise/ owner of Co where the outsourced staff is deployed
It is for the police to recover the stolen item.
Salary dues can not be withheld by them as they are responsible for salary payment as per Section 21 of the CLRA Act,1970
Col.Rathi
From India, Delhi
FIR should be or should have been lodged by the owner of premise/ owner of Co where the outsourced staff is deployed
It is for the police to recover the stolen item.
Salary dues can not be withheld by them as they are responsible for salary payment as per Section 21 of the CLRA Act,1970
Col.Rathi
From India, Delhi
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