Court : Madhya Pradesh
Reported in : 2006(2)MPLJ408
..... of the same analogy, trial court has recorded a finding that it is not a case of unlawfully compelling a person to work as a compulsory or forced labourer.9. ramcharan (p.w. 1), father of prakash has stated that he had taken rs. 12000/- as advance from sumitrabai along with grain. ..... is the reason why she has sent his son prakash to delhi where he will compulsorily work as forced labourer without money. it was also mentioned that his son is being forced unlawfully to compulsory labour and respondents are saying that until the accounts are settled, they will not release his son. on the ..... a person who has not completed fourteen years of age. though, the provisions of the said act are not applicable in this case, but for forced domestic labour provisions of section 374, ipc will be applicable. admittedly at the time of incident, victim prakash was a minor and was below 14 years. ..... respondent no. 2 and all the allegations have been made against respondent no. 1. he further submitted that they have been facing the agony of criminal trial for last more than 10 years therefore sentence of fine will meet the ends of justice for which learned counsel for the appellant has no ..... a.k. gohil, j.1. appellant-state has filed this appeal under section 378 of code of criminal procedure against the acquittal of respondents from charge under section 374, ipc by judicial magistrate first class, guna in criminal case no. 84/97. 2. as per prosecution story, on 25-5-1997, complainant-ramcharan, father .....Tag this Judgment!
Court : Kolkata
Reported in : (1892)ILR19Cal572
..... go on working for him against their wills. i very much doubt whether this amounts to 'unlawful compulsion' such as will subject the offender to a criminal penalty under section 374, penal code. as my learned colleague, however, differs from me in the view i take of the case, the matter ..... my cognizance. thirdly, that you at dhurrumtal, nowgong district, have for a considerable period past unlawfully compelled honto lahang, hoibori lahingani, and bagi musulmani to labour for you against their wills, and thereby committed an offence punishable under section 374 of the indian penal code, and within my cognizance.11. between that ..... 's premises. she says that her husband died about six years ago, and that upon his death the prisoner took her and her children by force from her home to his premises, saying that her husband owed him money, and that he has since kept her there in confinement, and has ..... uncommon, and there is equally no doubt that such assaults are offences for which the persons guilty of them are liable to punishment under the criminal law, and this cannot be too widely known; but i do not think that a person who insists that another who has consented to serve ..... exceeding ten days, and thereby committed an offence under section 344, indian penal code; (iii) with having unlawfully compelled the same three persons to labour for him against their wills, and thereby committed an offence under section 374, indian penal code.25. the deputy commissioner's judgment is an eminently .....Tag this Judgment!
Court : Kerala
Reported in : AIR1962Ker138
..... of 1912. according to the learned counsel, throwing an obligation on the petitioner to render personal services coupled with a risk of facing a criminal punishment for non-compliance with the same, amounts to a form of 'forced labour' prohibited under clause (1) of article 23.9. mr. v. p. gopalan nambiar learned counsel appearing for the plaintiff-respondent urged, that there is ..... issue so long as a person is not willing, to do personal services voluntarily and is compelled to do it at risk of a criminal punishment. in such a case, in my view, it will amount to 'forced labour'.19. the next case relied upon by mr. mu-hammed naha is the one reported in chandra v. state of rajas than, (wanchoo, c ..... fine or both. making a person to do personal service against his will, on pain of incurring a criminal liability, according to the learned advocate-general, will bring it within the mischief of article 23(1) as 'begar or other similar forms of forced labour.'28. i am inclined to accept the contentions of the leamed advocate-general. with great respect, i am ..... threat of any criminal prosecution or otherwise, but in the case before me, the position is entirelydifferent. the non-performance of the personal service by the petitioner, as i have already pointed out, will be treated as an offence punishable under section 8 (2) of the madras regulation and as such it would clearly amount to an imposition, of 'forced labour'.29. the .....Tag this Judgment!
Court : Himachal Pradesh
Reported in : AIR1953HP18
..... orderchowdhry, j.c. 1. this is a reference by the district magistrate of chamba under section 438, criminal p. c., recommending that the conviction of jorawar under section 2 of the chamba paid forced labour act (iii of 2004 b) by the tahsildar of tahsil churah be set aside and the fine of rs. ..... was in any ease repugnant to the provisions of article 23 of the constitution of india. that article prohibits 'begar' and other similar forms of forced labour, except for compulsory service for public purposes. conscription for the defence of the country, or for social services, are possible instances of imposition of compulsory ..... section 5 provided for an appeal from the order of the fine. section 6 laid down the special occasions on which alone the said paid forced labour was to be requisitioned. finally, section 7 laid down that the payment was to be made in cash at the schedule rates current at the ..... tahsildar or any government servant in normal times. it is clear, therefore, that the services of jorawar were requisitioned merely for 'begar', or forced labour.4. the reference is accepted and the conviction and sentence of jorawar are set asideand he is acquitted. the fine, if already realised from him, ..... any adult male tiller of the soil or malguzar, who was not by notification or by reason of ill health or otherwise exempt from rendering forced paid labour, wilfully refused to render it shall be liable to a fine not exceeding rs. 20/-. section 3 enabled the person whose services were .....Tag this Judgment!
Court : Chennai
..... have been declared by rules made under section 59 to be a prison-offence; (2) any assault or use of criminal force; (3) the use of insulting or threatening language; (4) immoral or indecent or disorderly behaviour; (5) wilfully disabling himself from labour; (6) contumaciously refusing to work; (7) filing, cutting, altering or removing handcuffs, fetters or bars without due authority; ( ..... admissible under the remission system for the time being in force as may be prescribed by rules made by the state government; (5) ..... punishment book and on the prisoner?.s history-ticket; (2) change of labour to some more irksome or severe form [for such period as may be prescribed by rules made by the state government; (3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment; (4) such loss of privileges ..... regulating the periods of rest from labour; (15)for regulating the disposal of the proceeds of the employment of prisoners; (16)for regulating the confinement in fetters of prisoners sentenced to transportation; (17)for the classification and the separation of prisoners; (18)for regulating the confinement of convicted criminal prisoners under section 28; (19)for the preparation and maintenance .....Tag this Judgment!
Court : Gujarat
Reported in : (2002)ILLJ71Guj
..... does not pass any other order staying the operation or any other further implementation of the order of dismissal (assuming that the labour court has any such power) the order of dismissal would remain in force and the criminal court hearing the complaint under section 630 of the companies act has to consider the situation in the light of the order of dismissal ..... not find any substance in the contention urged by dr. sinha for the petitioner. we do not find any conflict between the powers of the labour court under the industrial disputes act and the powers of the criminal court under section 630 of the companies act. when a workman is dismissed from service, he has the remedy of challenging such dismissal before ..... /termination of service. mere pendency of the reference before the labour court cannot and does not deprive the criminal court of its powers under section 630 of the ..... for speedy remedy to the company and there is no inconsistency as the criminal court would not be in a position to take any decision contrary to the decision of the labour court provided there is any such decision of the labour court or there is any other order of the labour court on the question of status of the petitioner as a workman .....Tag this Judgment!
Court : Gujarat
Reported in : (2001)4GLR3481
..... does not pass any other order staying the operation or any further implementation of the order of dismissal (assuming that the labour court has any such power), the order of dismissal would remain in force and the criminal court hearing the complaint under section 630 of the companies act has to consider the situation in light of the order of dismissal/termination of ..... not find any substance in the contention urged by dr sinha for the petitioner. we do not find any conflict between the powers of the labour court under the id act and the powers of the criminal court under section 630 of the companies act. when a workman is dismissed from service, he has the remedy of challenging such dismissal before the ..... service. mere pendency of the reference before the labour court cannot and does not deprive the criminal court of its powers under section 630 of the ..... for speedy remedy to the company and there is no inconsistency as the criminal court would not be in a position to take any decision contrary to the decision of the labour court provided there is any such decision of the labour court or there is any other order of the labour on the question of status of the petitioner as a workman and .....Tag this Judgment!
Court : Madhya Pradesh
..... applicants.8. it is already considered and rejected by the trial court as well as the labour court that the respondents no.2 to 5 were forced to resign, and therefore the trial court did not register the criminal complaint under section 506(ii) of ipc. under such 6 m.cr.c. no.9665 of ..... court and thereafter they lodged a criminal complaint for the offence under sections 409 and 420 of ipc without ..... looking to the facts and circumstances of the case, it is apparent that the respondents no.2 to 5 have filed a criminal complaint after prosecuting the matter before the labour court and the appellate tribunal. for the offence under section 409 of ipc, it was for the complainants to show that a ..... criminal breach of trust was done by the accused persons. when the labour court found that the all the dues of the complainants were paid and nothing remained to be paid, then it cannot ..... 2007 circumstances, the entire force of the complaint was already reduced by the trial court.9. it is very strange that the complainants lost their case before the labour .....Tag this Judgment!
Court : Punjab and Haryana
..... cinema, shopping complex and csd transaction worth several lacs. o station legal officer handling and monitoring various civil and criminal litigations against air force in high court and cat, kolkatta, distrt courts and labour tribunal. * organized and conducted various training and development programs; conducting cycle expedition from kkd to digha beach (350km ..... and iv civil employees. * planned budgets and monitored governmental & non-governmental funds. * handling and monitoring various civil and criminal litigations against air force in high court and cat, distt courts and labour tribunal at chandigarh. * successfully organized and conducted various social functions and sports activities, notable few are: o indo-sir ..... civilian employees, 200 class iv employees and 1000 dsc security personnel. o station legal officer - effectively handling and monitoring various civil and criminal litigations against air force in high court and distt court srinagar. o sports officer promoting sports as motivation factor; conducting sports competitions and selection of team to ..... / salaries, * hrd training aspects of an organisation. implementing statutory compliance and organizational behaviour (grievances handling/ research papers submitted expertise in dealing with labour organizations). * leadership in armed forces * improvement in quality of life and working planning & monitoring security arrangements enviroment. involving preparing security plans & deployment of * improvement of work .....Tag this Judgment!
Court : Chennai
Reported in : [2002(94)FLR525]; (2002)IIILLJ60Mad
..... service and even then, the employee has to approach the machinery provided under the industrial dispute act and seek for appropriate orders. the findings of the criminal court may have some value, but certainly it is not a binding force on the labour court. the labour court based on the facts and circumstances of the case notwithstanding the acquittal of the employee by the ..... sections 406 and 420 ipc is an improper one and will lead to dangerous consequences.9. it is settled position of law that in order to constitute criminal breach of trust, several ingredients have to be established. similarly, the ingredients of offence of cheating also has to be prima facie made out. the averments in the complaint if ..... which the first information report has been registered. the defacto complainant had stated that the terminal benefits had not been settled to him and as such, the petitioner has committed criminal breach of trust and misappropriation of money. the purported proceedings by the respondent under the general law, namely, indian penal code invoking sections 406 and 420 ipc is nothing but ..... criminal court may still refuse to grant relief to the employee. when such being a position of law, the question of employee maintaining any complaint before the criminal court as if alleged violation of .....Tag this Judgment!