Providing an attendance alibi to an employee (prove his alibi in a court case)

KK!HR

1534

I would like to set the record right. Alibi does not mean false or made up fact, it is a claim or assertion that he was elsewhere when an act,generally used in criminal cases, is alleged to have taken place. This is a Rule of Evidence as per the Evidence Act. So pl discount the feeling that the employee is seeking a false certificate. In deed this plea has a lot of significance, as, if the employee was at the work place, he could not be present at the crime spot playing his alleged role. So the involvement of the employee could be disproved on the basis of this single evidence. It has knock-out value. As the onus of proving alibi is entirely on the accused, the employee has to produce some documentary evidence, but in all probability the court would later seek production of records if any party disputes the fact. As one who has the experience of issuing several such certificates, it can be said with certainty that the certificate should be issued only on the basis of record and should be stated that it is as per records of the company. Pl ascertain the full facts as indicated by Dinesh Sir before issuing the certificate.
10th February 2018 From India, Mumbai

nathrao

3131

As per Section 101,(Evidence Act) specifies the basic rule about who is supposed to prove a fact. It says that whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.
Here if person is to prove he was in office on a particular day, he needs to prove it.what better way than showing attendance records or next way is to bring his office staff as witness to his presence in office.
His request cannot be rejected out of hand.
10th February 2018 From India, Pune

PRABHAT RANJAN MOHANTY

589

In the matter of obtaining information if the employer is not in a mood to provide. The same can be obtained by filing RTI by his keen or legal counsel or anyone.
12th February 2018 From India, Mumbai

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