Overworked Security Guard: Can I Sue My Employer for Excessive Hours?

A security guard working 12 hours a day and 7 days a week. Is it possible to sue on this basis against an administrative officer? Could it be a criminal case against an administrative officer? Is it also possible to approach the High Court or only a labor court?

Dear Kanchan, but then this is what all the security companies do. You have written about 12 hours, but practically they work for 24 hours many times. After completing a shift in one company, he goes to a nearby client and starts with the next shift. Are you taking up the cause of only a particular guard or all security guards?

Legal Considerations in Writ Petitions

Secondly, in your writ petition, you cannot make the Admin officer a respondent. Your writ petition should be against the "occupier" of the company. The Admin officer might have signed an agreement with the security agency, but then it is on behalf of the occupier, so the petition should also be against the occupier.

I appreciate your courage to take up the cause of security guards. You are different. You are fighting against injustice. God bless you.

Regards,
Dinesh V Divekar

You should first approach the nearest assistant labour officer concerning the issue, and you can file a complaint against your company (only the company). The assistant labour officer is duty-bound to take action and has the right to file a criminal case before the first-class judicial magistrate. If the officer does not take action, you can directly approach the criminal court.