Denial of master employee relationship
Guest
(Querist) 28 April 2013
This query is : Resolved
Respected experts,
What questions can be asked to an employee in cross examination to prove that there was no relationship of master employee. In fact, there was none.
Written statement stands filed questioning the locus standi of the person for filling statement of claim. It is a reference by appropriate government. Kindly advise.
Guest
(Expert) 28 April 2013
Irrelevant query!
First of all you have not given any background of the case for what purpose and who wants to cross-examine the employee. If there is a charge sheet in a disciplinary case against the employee, you should have given brief of the facts and case history.
Secondly, if you are an employee of any establishment/organisation, you cannot say none of the employee-employer relationship. An employee automatically come within the purview of master-employee relations and that has to be maintained by obseving prescribed conduct and discipline rules for the employee as well ethics of employment.
Thirdly, question of cross-examination of the charged employee, either by the Presenting Officer or the Inquiring Authority, does not arise. Examination and cross-examination of only the witnesses of the case can be made.
R.K Nanda
(Expert) 28 April 2013
vague query.
ajay sethi
(Expert) 28 April 2013
state detailed facts of your case
Guest
(Querist) 29 April 2013
A reference was sent to labour court regarding an industrial dispute. A person claims that he was working with such and such industry and was working @ 15000/- pm and have worked for an year and was retrenched without notice. He is asking for his reinstatement and back wages @ 15000/- pm. The fact is that a person was kept on trial basis and was rejected after seven or ten days.
Please advise.
Guest
(Expert) 29 April 2013
But, in what way you are related with the case? Are you the affected employee, the employer, defence counsel of employee or employer, or the labour officer?
Raj Kumar Makkad
(Expert) 29 April 2013
If an employee was retrenched within 7-10 days of his joining then he is not entitled for the reinstatement with back wages as wrongly claimed by him. The reference shall fail.
Devajyoti Barman
(Expert) 29 April 2013
A person engaged on trial basis can not be treated as workmen.
H.M.Patnaik
(Expert) 23 April 2016
Experts have tried to cover all aspects , but before posting any query brief facts and background should be indicated for getting proper advice.
