Labour Laws Q/A

False Allegations Against Employer

What can be the consequences if an employee makes false allegations against his employer?

It is implicit in the relationship of employer and employee that the latter has to remain under discipline. Making false allegations against a senior officer to the higher authorities and outsiders is not only an act intended to malign such an officer, but also an act sufficiently to establish lack or disregard of establishment discipline. In one case, their Lordships have held that it is, therefore, not possible to agree with the learned counsel that the charges do not amount to misconduct.1 Defiance of orders of the superiors levying allegations but not proving against him will not amount to mitigating circumstances and in case there was any justification in the allegations, the delinquent would have levied the FIR against persons but he has failed to do so hence he cannot be escaped from the punishment of dismissal.2

Source: H L Kumar, Labour Problems & Remedies

1. Babulal Sharma v. Madhya Pradesh Electricity Board, Jabalpur, 1984 (49) FLR 267.
2. Ramkishan Singhal v. Presiding Officer, Industrial Tribunal No. III, Delhi, 2007 LLR 264 (Del HC).

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