employee employer relation
aj
(Querist) 06 July 2008
This query is : Resolved
i had one employee in my office.the firm registered is filing nil sales tax returns for the last 3 years.no appointment letter is given or any registers are maintained.EMPLOYEE HAS SENT A LEGAL NOTICE THROUGH LABOUR OFFICE THAT HE WAS WORKING AS EMPLOYEE WITH US FOR THE LAST 20 YEARS,NOT SURE OF WHICH 3 DIFFERENT FIRMS ON OUR OFFICE ADDRESS ,DRAWING 2,500 MONTHLY SALARY.HE CLAIMS THAT WE HAVE MADE HIM SIGN FAKE VOUCHERS/BLANK PAPERS,ETC AND HAVE THROWN HIM OUT WITHOUT PAYING HIS ARREARS.
HE HAD BEEN COMING TO OUR OFFICE AS A JHALLI WORKER(TO GATHER DELIVERY CHALLANS TO BE GIVEN TO TRANSPORTERS KEEPING HIS COMMISSION UNDER FREIGHT CHARGES.HE WAS PROBABLY DOING THE SAME WITH MANY OTHER TRADERS.AT TIMES OF RAIN,HEAT,ETC HE USED TO SIT AROUND OUR OFFICE AND SOME TIMES STAYED OVERNITE IN A SEPARATE ROOM WITH US.WE ALLOWED SO FOR OUR SECURITY PURPOSE.IN THE TIME BEING HE WAS GETTING LETTERS FROM LIC,VILLAGERS ETC DELIVERED AT OUR OFFICE WHICH WE DID NOT OBJECT .HE HAS SOME RELATIVES WORKING AROUND WHO ARE READY TO GIVE THEIR STATEMENTS IN COURT AS WITNESS.
OUT OF 3 FIRMS STATED BY EMPLOYEE,1 FIRM IS NOT OPERATING FROM THAT ADDRESS,HAVING TURNOVER OF 1-2 LAC.
2ND FIRM IS AN HUF FIRM WHERE NO TRADING TAKES PLACE ,BUT HAS A SAVING ACCOUNT FROM THE OFFICE ADDRESS WHERE SOME BEARER GHEQUES WERE ISSUED TO HIM FOR LOAN FORWARDED TO HIM OR TO WITHDRAW FOR OUR PERSONAL PURPOSES.
3RD FIRM IS FILING NIL SALES TAX RETURNS FOR LAST 3 YEARS.
NO APPOINTMENT LETTER IS ISSUED.NO RECORDS ARE MAINTAINED.
HE CAME SOME 18 YEARS BACK,THEN VANISHED ,NOW COMING FOR THE LAST 6-7 YEARS.
WE WERE READY TO PAY HIM SOME COMPENSATION TO AVOID LEGAL PROCEDURES,BUT HE CLAIMS HIGH COMPENSATION OF AROUND 35,000.PL ADVICE URGENTLY WITH RESPECT TO DELHI LABOUR LAW/INDUSTRIAL ACT DISPUTE
1. HOW MUCH SHOULD I PAY AS SETTLEMENT CHARGES?
2. HOW MUCH CAN THE LABOUR OFFICE ,LABOUR COURT,DEEMED EMPLOYEE ,LABOUR OFFICER,INSPECTOR,ETC ASK ME TO PAY UP?
3. HOW STRONG IS MY CASE?
Guest
(Expert) 07 July 2008
It all depends on how you fight your case. As the documenataion of the employee is poor, and he has to rely only oral evidence. You have documentary proof to show that such employment was not required as there was no need for an employee when there are no transaction.
The labour officers and courts will definitely consider and will try to idebntify a reasonable amount.
H. S. Thukral
(Expert) 07 July 2008
The labour office as such can not direct you to pay any amount to the worker. But if you settle to pay the amount during conciliation proceedings before the Labour Officer, he will record the settlement and the same shall be binding on both parties. If you refuse to settle and deny employer-employee relation then the Labour Office shall forward the dispute with suitable terms of reference to the Labour Court for adjudication.
The onus of proving emplyer-employee relation is on the employee. He can produce or ask to produce muster roll, wages payment registeretc. Since you are not employing any person so you can deny the same. He can produce any co-worker in his favour to testify that he was working with you. Since there is no co-worker there can not be any witness.
My personal experience is that Private Trade Unions with the help of such persons try to harass the employer and in order to avoid litigation and considering that cost of litigation will also be there, the employer gives in. A lion's share is kept by the union and small amount is given to employee. There will be lot of negotiations and ultimately they shall be ready to settle at a very nominal amount. You maintain your guts during the conciliaton proceedings in the labour office deny any relationship with the so called employee and in the end if you have to pay a small amount which would not be pinching you much, settle it in writing and keep a copy with you.
aj
(Querist) 07 July 2008
THANK YOU VERY MUCH SIR.I HAVE RECIEVED A NOTICE FROM LABOUR OFFICER TO MEET HIM AFTER 2 WEEKS DATE.CAN THE LABOUR OFFICER/INSPECTOR SEND ME A CHALLAN TO BE CONTESTED THROUGH MAGISTRATE FOR NOT MAINTAINING REGISTER/LEAVE RECORDS,ETC.SOMEONE TOLD ME THAT I WOULD BE SENT A CHALLAN FOR RS 4000/- SOON.
CAN THE FINDINGS OF THE LABOUR OFFICER BE TAKEN TO THE ASS. LABOUR COMMISSIONER BY THE OFFICER/EMPLOYEE.HOW MUCH FEES IS TO BE GIVEN TO A LAWYER TO CONTEST IN THE LABOUR COURT IF THE MATTER IS NOT RESOLVED IN LABOUR OFFICE?AND HOW LONG SHOULD IT TAKE?
MERE BEARER CHEQUES OF VARYING AMOUNTS AND VARYING TIME PERIODS ,LETTERS AT OUR ADDRESS OR HIS RELATIVES WITNESS ESTABLISH EMPLOYER EMPLOYEE RELATIONSHIP
H. S. Thukral
(Expert) 11 July 2008
The labour officer can not impose any penlty himself. It is the authority under the act; a magistrate who can fine you. Letters at the office address can establish a positive inference particularly money orer receipts. The evidence of relatives does not mean anything.
aj
(Querist) 13 July 2008
MR HARBHJAN THUKRAL :SIR U HAVE GIVEN US A VALUABLE INFORMATION TO DEAL WITH THE EMPLOYEE AND LABOUR OFFICER.MY DATE WITH THE LABOUR OFFICER IS 16TH JULY.ON 11TH JULY LABOUR INSPECTOR CAME TO OFFICE TO INFORM US OF THE CASE AND OFFERED TO NEGOTIATE,WHICH I READILY ACCEPTED,IF IT WERE AT FAVOURABLE TERMS WITHIN MY LIMITS.BUT,SUDDENLY MY FATHERS HAS BECOME ILL AND HAS BEEN DIAGNOSED WITH DIABETIC INFECTION ON HIS LEG.HE WAS ADMITTED IN A GOVERNMENT HOSPITAL FOR A DAY AND DISCHARGED ASKING US TO KEEP A WATCH ON THE INFECTION.HE IS NOT ABLE TO STAND PROPERLY.AS SUCH HOW DO WE SEND A MESSAGE TO THE LABOUR OFFICER IF HE CANT MEET HIM ON THE 16TH JULY.CAN SENDING MEDICAL REPORTS EXCUSE MY FATHER FOR THE TIME HE IS FIT.
aj
(Querist) 14 July 2008
pl advise
H. S. Thukral
(Expert) 15 July 2008
Just send in some one with a letter, requesting for adjournement to next suitable date.( giving reason too) Since you have agreed for a settlement, he will wait for you
