History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.774

v4.c63.774

If a servant agrees to take a lump sum for some work to be done for a certain period and leaves the work before the period elapses he would lose all the wages, but if he leaves in the middle of the period through the fault of the employer (such as scolding without any fault of the servant) he would be entitled to receive a proportionate part of the wages (Nār. q. by V. R. p. 161).⁸³⁵ Viṣṇu Dh. S. V. 153–154 and 157–158 provide that in the same circumstances the servant would have to pay a fine of 100 paṇas and that if the employer abandons the servant before the period fixed has expired he would have to pay the whole of the wages to the servant and a fine of one hundred paṇas (except in the case of act of God and the king). Kāt. (660) provides that a master deserting on a journey his servant that is tired or falls ill should be fined the first amercement if he does not wait for three days in the village. If a trader after engaging a vehicle or draught animals for carrying his merchandise for hire, does not employ them to carry his goods he should be made to pay a fourth of the hire settled and the whole of it if he discharges them when only a part of the journey has been made (Nār. IX. 7). If the merchandise be attached⁸³⁶ (by the king's officers for toll &c.) or be stolen the servant engaged to carry the goods will receive a proportionate amount (out of the lump sum agreed to be paid for a certain journey) according to the distance travelled (Kāt. 661) If the employer does not pay the wages of a servant even though the latter has done his work the king should make him pay the wages and also a proper fine (Bṛ. in *S. B. E.* vol. 33 p. 346 verse 18). If a man⁸³⁷ having hired elephants, horses, bulls, asses or camels does not return them even though the work (for which he hired them) is finished he should be made to restore them together with the hire (up to the day of return). The same rule applies to a man taking on rent a house or water (reservior) or a market and not giving it up at the time fixed (Kāt. 662-663). Nār. (IX. 20-21) provides that if a person builds a house on another's land by paying rent (*stoma*) for the land, he may take away when vacating the land the bricks, the timber and grass (thatch) of the house built by him, but if a man builds a house on another's land without paying rent and against the owner's wish then he has to leave the materials of his house to the owner of the land when he has to give up the land. An important rule is stated by Bṛ. (S. B. E. vol. 33 p. 346 verse 17) that when a servant⁸³⁸ employed by an employer does some improper act (such as a theft) to another for the benefit of his master, the latter would be held responsible for the loss. The Matsyapurāṇa says that if a teacher having agreed to teach a lore or craft for money which he receives fails to do so, he should be fined the whole of the amount⁸³⁹ of the fee.