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Remedy in case of harassment by superior resulting into death


03-Aug-2023 (In Labour & Service Law)
a trackman was forcefully made to work as keyman without selection by superior,which resulted into the death of the employee on duty.can we file a case against the superior.if yes under which section.
Answers (1)

Answer #1
538 votes
AS I COULD GATHER THAT AN EMPLOYEE WITHOUT HAVING TECHNICAL SKILL WAS FORCEFULLY COMPELLED BY HIS SUPERIOR TO PERFORM THE JOB OF THE POST FOR WHICH HE WAS NOT APPOINTED EVEN. IF IT IS CORRECT, IT IS THE MATTER OF GROSS ABUSE OF POWER CAUSING DEATH AND IS MATTER OF HOMICIDE AND PUNISHABLE UNDER SEC. 304 OF IPC. FOR WHICH FIRST YOU WILL HAVE LODGE YOUR COMPLAINT WITH THE POLICE AND IF CASE IS NOT REGISTERED MAY FILE PRIVATE COMPLAINT WITH THE COURT. MORE OVER YOU CAN ALSO CLAIM COMPENSATION FROM THE EMPLOYER.

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