What’s Happening in a Company Where former Chief Justice of India S.P.Bharucha and Senior Advocate Fali S. Nariman are Directors?
WILL THEY TOO BE PROSECUTED?
I had written about the tragic story of one Kashmir Singh, an ex-serviceman retiring in pain from Indian news agency Press Trust of India (PTI). Having been humiliated routinely at his workplace in PTI Building at 4 Parliament Street, New Delhi, this old man had approached a Delhi court which passed an award in his favour in Sept.2009, directing PTI to pay him his withheld wages and allowances with interest and to put him on such duty which he rightly deserves.
Four months have passed since the order was announced by the Industrial Tribunal No.1, Delhi, presided over by Additional District & Sessions Judge Lal Singh but a tightfisted PTI management, being ruled by a caucus headed by CEO M.K.Razdan has ensured that Kashmir retires without any benefit.
This caucus has been involved in all sorts of irregularities which are being written over here in Greater Voice. The members of this caucus do not respect law and have no regard for a court order even, as reflected above. Since a corrupt union leader M.S.Yadav is part of this caucus, whose puppet union Kashmir had refused to join, the ungenerous PTI officials seem to be drawing sadistic pleasure in annihilating an old man by abusing the process of law.
What Kashmir will do now?
I know Kashmir. He’s served the Indian Army in the past. He is a brave man. I am informed that this aggrieved man has now filed a case seeking prosecution of M.K.Razdan and every director of PTI for non-compliance of the court order in his dispute with the company. This is the right step initiated by him. PTI is a company and as per law, every director and manager is liable to be punished under these circumstances.
What is the relevant provision under law?
Section 29 of the Industrial Disputes Act, 1947 says that any person who commits a breach of any term of any settlement or award, which is binding on him under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
This provision takes a new meaning (as detailed in Section 32 of the Act) when the offence so committed is by a company; and since PTI is a company, Kashmir has rightly sought prosecution of all PTI Directors.
What is Section 32?
Where a person committing an offence under this Act is a company, or other body corporate, or an association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
Now who are the Directors of PTI?
Vijay Kumar Chopra
Vineet Kumar Jain
K N Shanth Kumar
M P Veerendrakumar
Aveek Kumar Sarkar
Mahendra Mohan Gupta
Hormusji N Cama
E V Chitnis
Justice (retd.) S P Bharucha &
Fali S Nariman
Undoubtedly, M.K.Razdan’s caucus is responsible for this mess. PTI is, thus, in trouble Mr. Directors. In PTI, it seems, Razdan’s ego is bigger than the power of the courts.
Well done Kashmir. It is a good step in dismantling the media mafia. I am with you.