Payment of carpentar due from a company
Shradha Kumari
(Querist) 08 April 2010
This query is : Resolved
A Carpenter did a job work for a company, now the company is not paying the dues. What remedies is available with the carpenter? Whether he can approach labor court? There is no written contract between the carpenter & the company.
R.R. KRISHNAA
(Expert) 08 April 2010
A written contract is not always necessary. A legal notice can be issued even in the absence of the written contract and if the company fails to pay the dues, the carpenter can file a suit for recovery of money.
Carpenter cannot approach the labour court as he is not a employeee. He is only a independent contractor whose dues can be recovered by way of civil suit only.
Raj Kumar Makkad
(Expert) 08 April 2010
The carpenter should serve a legal notice demanding his dues and on failure to get the desired results within time, he should file a petition under section 15 of Payment of Wages Act before Labour Court.
adv. rajeev ( rajoo )
(Expert) 08 April 2010
Carpenter has to file a suit for recovery of money i.e., his fees. He cannot approach the labour court. Burden lies on the carpenter to prove that he worked for the company. It is necessary to lead the evidence of independent witness. Prior to filing of the suit carpenter will have to issue notice to the company.
