AVINASH NANDAN SHARMA Office: CHAMBER NO.671
Advocate Patiala House Court
En.No. (XXX) New Delhi- 1
LL.B. Law Faculty, DU Mob: 7292020323
M.A.(Political Science) DU
PG Diploma in Journalism
Mr. Prakash Kumar
R/o. H.No. AB, JJ Colony, New Delhi-110018.
Under instructions and authority from my client Uday Singh R/o XX, Vishnu Garden, New Delhi-110018, I serve upon you the following Notice:-
- That my aforesaid client and his son Kishan were appointed as labourers by you and the House owner, Gulwant Singh in your capacity of the contractor in your Work of building constructions, giving the daily wages of Rs.300/- .
- That when my client’s son Kishan was working under your supervision and guidance at your construction site at House No. 491TC Camp Raghubir Nagar , Rajouri Garden, New Delhi, you and the said House owner, Gulwant Singh compelled his son to uplift and remove iron rods completely neglecting the danger to the life of his son due to electric wires. His son repeatedly denied to perform the work assigned to him at the site because of the danger to his life and person. However, under your and House owner’s compulsion and threat, when he started to do this work, he received serious and heavy burn injuries by the touch of electric wires throughout his person on 14.04.2019 at about 6 p.m.
- That at the time of incident you and the house owner, Gulwant Singh were guiding his son to work, however, after the incident both of you fled away from the spot, instead of providing his son immediate medical aid and getting him admitted in hospital. Anyhow, his son was removed to LNJP Hospital and lastly died on 28.042013.
- That a police case has been registered bearing FIR no. 194/2019 at Police Station Rajouri Garden, New Delhi, in which the police has played a completely negative role in recording totally wrong and incorrect statements and incident of his son. The IO has connived with you and Gulwant Singh, the owner of the house and twisted the real facts of the incident whereby minimized the offence.
- That since my client’ son was engaged by you and the House owner in your construction work and received burn injuries while working under your supervision and guidance, you and Gulwant Singh are jointly and severely liable to pay my client Rs. 15,00000/- (Fifteen Lacs only) as compensation under the provisions of Labour Laws so that the aggrieved family of the victim can financially be supported.
- That you and Gulwant Singh have misbehaved with my said client and his brothers when they approached you for help, in consequence my client has suffered mental agony and physical harassment and is still under distress due to the loss of the life of his son.
- That the above facts make it abundantly clear that you and Gulwant Singh have misused your positions of an employer by illegally compelling his son to put his life at risk and thus got him reached in a critical condition where his son was bound to die and you also manipulated the police case to minimize your role.
Under the facts and circumstances, I hereby call upon you to make the payment of Rs. 15,00000/- (Fifteen Lacs Only) to my client as compensation within one week of the receipt of this Legal Notice, failing which I have definite instructions from my client to take necessary actions against you in the competent Civil & Criminal courts of law and in that event, you shall be liable for all the costs and consequences resulting therefrom.
You are also liable to pay a sum of Rs. 5,500/- towards charges for the present notice.
Copy retained for further legal actions.
Date: (Avinash Nandan Sharma) Advocate