Legal action against gherao by workers for several hours

[Anonymous]

I am works manager in a factory. The workers of the factory were on strike and they gheraoed me for several hours and did not even allow to leave the factory for going home or for doing my official duty. The police came but did not take any action since they were scared of workers’ large numbers. The MD of my company is too scared. What action is possible against these workers for my gherao? Do I have power to take action?

[Dr. Ashok Dhamija]

Your gherao by the workers is covered within the definition of “wrongful restraint” and “wrongful confinement”. These offences are punishable under Sections 341 and 342 of the Indian Penal Code (IPC). These are cognizable offences and police has the power to register FIR. You are entitled to give complaint to the police and get the FIR registered. It is not necessary that your MD should give the complaint. You, being the affected person, are entitled to give the complaint yourself. So, file a complaint under these sections.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts