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Vasant Nair
90

If he has openly threatened your MD with harm to his life. please file an FIR against him with the concerned Police Station. You will require the servies of a good Criminal Lawyer to pusue the matter.
If Drivers' Union have been resorting to violence outisde the Clinic or the home of the MD, you may obtain a restraint order from the Court of proper jurisdiction, restraining the Driver and the Union members from holding any kind of demonstration with a radius of 200 Mtrs of the premises where the Clinic(the workplace) and the MD's residence is located.
The Police cannot refuse to do so. If they do, the you should approach the higher ups and get your complaint registered.
You will have to take a tough stand.
Best Wishes,
Vasant Nair

From India, Mumbai
vidyasekar
Dear !!
Before entering the negotiation, collect the evidences which are all against the driver & based on that, you may enter into a settlement. If no use, Do one more thing find out the reason which one is make do the support by unions for that Driver & plug it. In future try to have the smooth relationship with unions for avoiding this type of unwanted.
Regards,
PvS.

From India, Madras
smbhappy
51

Courts go by evidence and not by sentiments. A Judge's duty is to interpret the law in the given circumstances. his interpretation may favour one side to the dispute and go against other.
So it is very important that you collect all your evidence and engage in the negotiation. Try give some terminal compensations as a part of the settlement. Get the settlement signed from the driver in presence of witness (Union Leaders). Pay only through Crossed Cheque.
If nothing materialists, well, you have the option to go to court and obtain the permanent injunction against the Driver and the Union.

From India, Chandigarh
clskolkata.edu
Can you clarify and confirm the following:
1. The Driver was the personal driver of MD.
2. He was paid his salary by the MD in his personal capacity.
3. Company does not maintain his name in the payroll.
4. the driver was never a part of the company.
5. have you filed any complaint against the vandalism?
6. have you approached the executive court for 144 order?

From India, Calcutta
jeetueko
The Driver was the personal driver of MD. He was paid his salary by the MD in his personal capacity.Company does not maintain his name in the payroll.The driver was never a part of the company.We filed a FIR after he put up posters and abused our staff and threatened them with dire consequences.Then he was joined by two other drivers working in the MD'S house for his extended family along with the union people.Then there were multiple episodes of threats to life and property. We kept the local police informed of the developments and got a sec 144 issued in the clinic region. In spite of this they again put up posters and threatened and abused our MD. Then after doing all this they reported to duty in the house and demanded to be reinstated.Our MD told them that after all the threats etc he could no longer even consider keeping the three of them back as the trust and confidence that is needed in a driver is lost and he can no longer trust them with the children and grand-children in the house.Hence you can come and collect your dues if any peacefully.They today threatened to hold a big demonstration in the clinic tomorrow.We have informed the police and arranged a lawyer today.
From India, Calcutta
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