REPRESENTATION
BY HAND / SPEEDPOST
17th July, 2013
To,
The Deputy
Commissioner of Police,
Zone - X, 2nd Floor,
MIDC Police Station,
MIDC, Andheri East,
Mumbai
Subject: Representation u/s 154 (3) of the Criminal
Procedure Code for willful refusal of the duty officer to accept written
complaint.
Sir,
We are filing this
representation before your office due to the blatant refusal of the Asst.
Police Inspector, MIDC Police, Mr. Gagh to register a crime as per the
provisions laid down in the Criminal Procedure Code. Moreover, he refused to
accept the written complaint made by us willfully neglecting to due he legal
duty.
Further it is most unfortunate
that API Gagh overlooked to even go through the contents of our written complaint
before making his decisions and on his own whim and wish made a NC making one
of the complainants sign on the same. By doing this, not only he neglected to
do his public duty but also showed deliberate disregard to his legal duty. We
are attaching copy of our written complaint dated 16th July, 2013 along with
this representation which was refused to be acknowledged/accepted by the API
Gagh.
The brief of the complaint are
as under:
Maharashtra
Hind Security Guard Private Limited
is a security company and has a license issued by the office of the
Commissioner of Police to run the security business. They are operating at
their office at B/16, Gurudev Apartment, 5th Floor, Chembur Naka,
Chembur, Mumbai 400071 (Phone no: 022 25290694) and we are working and posted
at Sahar Plaza, A.K. Road, Andheri East, Mumbai 400059 we are the working as
security guards/supervisors with this security company mentioned above since long
and are all posted at Sahar Plaza at Andheri Kurla Road, Andheri East, Mumbai -
400059
The said company is subject to conditions
of the license issued by the office of the Commission of Police, Mumbai; labor
law; wages fixed by the Government of Maharashtra and other law/rules that are
applicable to it. However, the said security company has been violating all the
laws and rules just to exploit/cheat the security men at large.
The
said company had not provided the following documents as per the law/rule:
- Not Paid
Salary On Time
- Not Paid
Overtime
- Appointment
Letter
- Provident
Fund Statement
- Not Depositing
The Provident Fund Deducted From The Salaries Since Long
- Not Paid
Arrears
- No Medical/Casual
Or Paid Leave Provided
- Threats/Pressure
To Work For 12 Hours On The Salary Of 8 Hours
- No Uniform
Allowance Provided And Many More Illegal Acts Done By The Company Against
The Security Men.
We say that Mr. Rakesh Patange,
who claim to be the Secretary of the Mumbai Bhartiya Janta Party had threatened
the security men through his bouncers/goons if any security guard is going to
against him then he will be no more in the service or terminated or eliminated
because he has the political/police and gunda powers.
We say that we had raised the
objections/voice against the illegal acts of the said company on 14th
July 2013, when the management of the company forced us to do the duty of 12
hour shift on the payment of 8 hours then and that the company had transfer the
salary and paid leave to the accounts of us/security men on 15/07/2013 and all
of us get the sms from the bank on their mobile.
We all are shocked and surprised
when we are going to withdraw the salary from the ATM then we came to know that
there is no salary and overtime and shown the same amount as debit on the same
day. It is pertinent to note that after transferred the salary in our account,
even the bank have no right to debit the salary from our bank account because
we are the signing authority and the sole account holder of the bank (State Bank of India, Fort Market, Bhagwan
Bhawan, 71-73, Mint Road, Fort, Mumbai 400001 ). It is further pertinent to
note that at the max, the bank have right to hold the amount in the accounts,
till the dispute resolve if any?
From the above mentioned facts
and circumstances, it is clearly established that the Mr. Rajesh Patange,
Chairman of Maharashtra Hind Security Guard Private Limited and other directors
along with the manager of the State Bank of India had withdrawn/debit the
salary and overtime from our bank accounts without our signature/ consent or
knowledge and its amount to conspiracy, criminal breach of trust,
cheating with common intention.
We request that you take
necessary action against API Gagh for his gross negligence towards this whole
matter.
Hence, we all are request your
office to direct the Sr. Inspector of Police, MIDC Police Station to register
the crime against the above mentioned accused persons in the interest of natural justice; failing
which we would be left with no option but to approach the Hon'ble High Court of
Bombay by the way of Writ Petition entirely at your risk at cost as the future
of our employment hangs in balance, which you please take a note of.
Thanking You,
Yours Faithfully,
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1. Complainant
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2. Complainant
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3. Complainant
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4. Complainant
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5. Complainant
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6. Complainant
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7. Complainant
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8. Complainant
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9. Complainant
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10. Complainant
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11. Complainant
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12. Complainant
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13. Complainant
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14. Complainant
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15. Complainant
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16. Complainant
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17. Complainant
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18. Complainant
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19. Complainant
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20. Complainant
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Enclosed: As Above
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Copy To:
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1. The Hon'ble Chief Justice of
the Supreme Court of India, New
Delhi
2. The Hon'ble Chief Justice of
the Bombay High Court, Mumbai
3. The Commissioner of Police,
Mumbai
4. The Jt. Commissioner of
Police (Law & Order), Mumbai
5. The Addl. Commission of
Police, Western Region, Mumbai
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