• Options for my maid if residential society is blacklisting

I have employed a maid along with her family including husband and two children in my govt alloted flat along with servant quater. The maid son was playing and the secetary of the society found him to be damaging property of the building (few tiles on the wall). he started scolding him and when my maid joined for the rescue, she was told not to do vakalat for the culprit. My maid though well behaved probably for saving her son (12 yrs old) replied that shaab apko jo karna ha kar lo me apne shaab se baat kar lungi. The secetary has decided to blacklist her as he felt that she insulted/threatned him. I had requested him that inorder to punish her some kind of public oppology or warning or fine can be implemented and leave her as this was the first mistake. Do I have any legal action to save my maid from blacklisting from the colony
Asked 6 years ago in Labour

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17 Answers

They can't blacklist her in this way. There is no legal provision for the same. If any property is damaged the same can be restored. Oral apology is enough

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Complain to police if the maid is restrained from entering your flat.

If police do not act , file complain directly to magistrate u/s 156 seeking direction to police to register FIR. Offence shall be booked for wrongful restrain under section section 339 of IPC, since society does have any lawful authority to prevent anybody from coming into your house for any purpose.

File suit in court seeking injunction restraining the society from interfering into your right to deploy maid and into  her free movement to your house in any manner.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Secretary cannot unilaterally decide to black list maid 

 

she can file police complaint against secretary of society for refusing to permit her to work in complex 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Secretary decision to black list maid would not stand legal scrutiny 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

She can file police complaint under section 504 , 506 of IPC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Ask the maid to file FIR agasint him for molestation. Will understand himself.

For such pity issues, such restrictions are major punishment and no rational behind it. Further, any such order can be pass by majority and not to satisfy individual ego.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Client,

A person can not be removed from society for misconduct. Don't follow his order. He is not court. If he insists, demand from him any court order. If he complaind this incident in the police, it will be of no use and if yes, you will be given opportunity to defend her. Let the case go to Court. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Yes the secretary on his in wish cannot blacklist or restrict her upon entering the premises for damage he could have asked for damages in case be pass such resolution you can file a petition before high court .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See even if there is damage there is no theft or criminal activity the child is minor he cannot take away the living and earning of the maid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can seek writ direction from high court IPC shall not be applicable for this.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir, 

Please refer to terms and conditions of society.

Place a written apology via registered post.

Then we can further move in filing suit.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

- As per law , A society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.

- No, Flat owner can be stopped from renting out his flat to anyone including Bachelors

- No, male/female servants/guest can be stopped from entering into the society, if the society is doing this , then the person harassed , they can claim compensation as well.

- Society by law and resolutions must be limited to the mandate of governing the societys affairs and nothing more.

- Further , the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.

- Hence, the unjustfied actions of society to black listed the maid , is against the jurisdiction of the society.

- Your maid should lodge her complaint to the police for registering an FIR against the secretary of society.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

secretary cannot have rights to blacklist her. she can file complaint against secretary . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The secretary cannot blacklist your maid from working in your house. You can pay for the damages to society.

She can lodge complaint for criminal intimidation against the society secretary.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If you don't solve it amicably then it will develop into a big issue. 

Instead you may talk to the secretary,  ask her to apologize in private to satisfy his egoistic anger on her and try to close the issue instead of stretching it any further to take a legal shape. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Since the society is for army officers,  the secretary may brag about his post and may even threaten with more consequences,  hence they to solve the issue amicably to prevent personal loss to you,   if any. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

There's no provision in IPC for obtaining stay on criminal matters. 

If the society decides to initiate legal action then it may be under criminal law only. 

Therefore you may decide judiciously instead of agitating over it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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