• Prakruti machines

Dear Sir, I have small company with 8 people are working, we manufacture agriculture purpose machines, last two years ago (Feb 2016) one of my worker accidentally cut his right hand indexing finger tip (1"), then we go for ESI hospital (we have ESI and pf facilities) given treatment for him, then we have given 20000 rs (not documented) as a compansasion, then he worked for us still 15 Feb 2018 (2years after accident), now he stopped coming to factory, then he brought some one with him asking 300000 rs as compansasion, we rejected that, then he go to police station and given complained on me, police booked fir in 338 section, what I have to do now sir, please help me out, he is trying to blackmailing me, and saying that I go labour court etc, please give suggestions sir
Asked 4 years ago in Business Law

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16 Answers

Dear Sir,

Offence under section 338 IPC is a bailable offence. You just take bail and keep quiet. Nothing will happen. Let him go the the Court and file any number of cases. You can defend. For more details please come to my office. You may also get stay of investigation on such delayed FIR.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The FIR is being filed with great delay go to high court file quashing take stay on investigation the fir will be quashed as filed after 2 year so you can take ground it is done to harass you after that also employee has worked with you.

Also the offence is bailable.

Also the labour court though is not under limitation but the notice of injury should be given within 2 years of injury than only.commissioner shall accept it.have ample of defences to defend your case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If it have been. A recorded transiction it won't be a issue at all but since it was not recorder you have to defend case on other grounds like hospital bills, paid compensation and he was working after accident also

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Notice and claim.

10. Notice and claim.- (1) 1*[No claim for compensation shall be

entertained by a Commissioner unless notice of the accident has been

given in the manner hereinafter provided as soon as practicable after

the happening thereof and unless the claim is preferred before him

within 2*[two years] of the occurrence of the accident or, in case of

death, within 2*[two years] from the date of death:

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Get enlarged on bail since the offence under section 338 is bailable.

Let the Police investigate the matter and file a charge sheet. Contest the trial.

There's no need to panic since the FIR has been filed with great delay. This in itself will create doubts as to the genuineness of the allegations of your ex-employee in his FIR.

If you are sporty and willing to take a chance, you may also challenge the FIR in the High Court and seek its quashment.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

No need to stoop down below his illicit demands.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Please note that your set up does not fall under category of employment for which the person would be required to be treated as workmen within the mantining of Workman Compensation Act (Schedule-II).

2. However that does not absolve you from giving enough compensation to bear his medical csits and other damages.

3. You have already borne his expenses and may give something more.

4.Since FIR is registered the only option is to apply for bail.Considering the old incident getting bail would be a cakewalk.

5.Once you get bail there would not be much to worry about the incident.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi, legally he is entitiled for the compensation .. It is advisable to settle the matter amicably with him ,he can withdraw the FIR as per his own will if you compensate him on mutual agreed terms

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

He will definitely go to the Labour Court at file a complaint. You can obtain anticipatory bail if police has registered the F.I.R. against you. You can engage senior advocate in the field of Labour Law as and when the labourer files a complaint against you in the Labour Court.

Raghuvir G. Chaudhary
Advocate, Ahmedabad
48 Answers
4 Consultations

5.0 on 5.0

Dear Client,

Above matter will decide on facts of case. Such accident could have attributed to employer negligence, if such incident were occurred with other employees and also if it is measurable/visible that working on such machines shall/may harm to worker.

Matter will decide on merit,

Causes of industrial accidents can be broken down into two broad categories: unsafe conditions and unsafe acts.

Prove safe conditions, not offense will made against u.

Rest, Show FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear sir

This is serious issue. If it reached to Labor office then it is more serious then present. Lot of politics and issue will enter.

We are expert in handling these issue. Feel free to reach out us for any assistance.

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.4 on 5.0

The employee cannot seek compensation at this stage especially when he was compensated properly earlier.

However the police has nothing to do with this.

If at all the employee is desiring to hav enhanced compensation he may have to approach appropriate court only, where you can challenge his claim on the basis of documentary evidences in your side.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Please help me out sir

There is nothing to be worried.

You can inform police that you are ready to face the case in court and give a statement accordingly.

The police will not interfere after.

However you may have to take the support of a local advocate so that you can avoid any embarrassing situation.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Hello,

Immediately approach the HC and file a petition for quashing the FIR on the ground that the same has been filed with delay in order to harass and take some money

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Contact a local lawyer and do the above advised at the earliest

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. File counter FIR for extortion, blackmail & intimidation

2. Probably the worker did what he did under the influence of alcohol

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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