How to handle a worker's notice who left the organsiation ?
K.Ravichandren
(Querist) 24 July 2008
This query is : Resolved
I sent a worker who was not co-operating with other workers and amount is also settled in March 2008. He was working in my company for more nearly 4 years and in the middle of the above tenure his service was terminated twice. Now after 4 months he sent a registered letter(Not a lawyer Notice) that removal him from the service illegal and all the settlement benefits have not been given and hence to reistate him. My company is a small printing company and only 5 workers are working and no formal appointment letters are not given. Even ESI is also not covered due to the low number of employees. The said workers was mischievious and who was interacting with another worker who also left started similar business in our area. He joined with her now after the removal and giving maximum mental torrtures to me by way of anonimous letters, sms and phone calls.
Now kindly advise me what are all the legal rights he possesses to claim any amount from me. What are all the precautions i have to take to prevent further complication in this matter.
Guest
(Expert) 24 July 2008
As you are not statutorily required to provide ESI and EPF benefits you have deducted or paid such amount to concerned authority. So no question of claiming those things.
salary, if you have paid by cheque no need to worry, if cash, then maintain the vouchers for dispersal of salary, that will fine.
When you removed earlier, did you write any notice kind of thing as warning, if so that will help you.
You can simply reply to the notice stating the facts and firmly disowning any pending payments to him.
Letters, phones, sms can't avoid, you have to pay for keeping or hiring bad employees.
Keep proper accounts and that should save you.
K.Ravichandren
(Querist) 24 July 2008
Thanks Mr.Kotresh for your kind advise. I paid him only by cheque and he personally received and signed in the voucher. But in his letter the worker says i have sent him the payment. I gave him notice and warning when I reinstated him after a removal. As u said i shall send him a reply stating the facts. Thanks once again
ANAND SUMAN
(Expert) 26 July 2008
Dear Mr. Ravichandren,
Your facts clearly suggest that your works are not within the domain of Labour Laws since you have only 5 workers. For the printing press, at least 10 workers are required; only then any worker can take legal recourse under labour laws.
The other thing is that if the said worker is torturing you by giving notice, then you also send a Legal Notice to him mentioning the fact that his activities are liable to legal penalty. If he again does same thing or threatens you, you may lodge FIR against him.
In case of any other query, feel free to contact.
Anand Suman
Advocate & Legal Consultant
(Founder Director)
ANAND LEGAL SOLUTION
WZ- 251, 1st Floor, Gali No. 8
Hanuman Market, Uttam Nagar
New Delhi- 110059
Mob. 9958330546
E-mail: anandlegalsolution@gmail.com
advocateanandsuman@hotmail.com
K.Ravichandren
(Querist) 27 July 2008
Thanks a lot Mr.Anand Suman for taking interest and helping me to resolve my problem. I shall try to send legal notice as you suggested. Thanks once again.
H. S. Thukral
(Expert) 28 July 2008
Your act of terminating the services of the workman without complying with principles of natural justice and without complying with section 25F of the Industrial Disputes Act tentamounts to illegal termination and workman can claim reinstatement on that basis.
Further legal advice shall depend upon the correspondence which was exchanged between the workman and you at the time of termination.
K.Ravichandren
(Querist) 28 July 2008
I am little confused by the advise of Mr.Harbhajan Thukraj when Mr.Kotesh and Mr.Anand Suman say that i need not worry about the worker's letter since i am not coming under the purview of any statutes of labour, but Mr.Harbhajan says i am liable by the sec.25F of the I.D. Act. Which is right? Please clarify
H. S. Thukral
(Expert) 29 July 2008
Every termination of service except few (Sec.2 oo of ID ACT ) is retrenchment which can be resorted to as per section 25F of the Act. Under the proviso of exceptions, termination of service for misconduct is not a retrenchment, but to do so principles of natural justice are to be observed. Any violations would make the act of termination as illegal. I am not in consent with the advice of Mr. Anand Suman Advocate in saying that that if you employ five workman you are out of domain of labour law. The number of workmen may exclude you from the laibility of ESI, Provident Fund, Bonus or certain provisions of Factories Act etc. but not Industrial Dispute Act. Your workman is also asking for reinstatement in service and not just left out benifits.
K.Ravichandren
(Querist) 29 July 2008
Thanks Mr.Harbhajan Thukral. I can understand the illegality. But mine is a small printing press and engaging only few workers. None of the workers are considtently attending the works. Most of them are taking leave very often even in time of urgencies. I dont put any control over them. The said worker was mischievous and instrumental for other workers for a slow and disturbed services. I maintain attendance registers, wage vouchers ect. I am complying statutory minimum wages, weekly leave, overtime wages etc as per the prevelent laws applicable though i am not bound to do - i hope. What can i do more for the workers with my limited resources>
H. S. Thukral
(Expert) 30 July 2008
What kind of letter you issued to the workman at the time of sending him away? What exactly is his notice?
K.Ravichandren
(Querist) 30 July 2008
Dear Mr.Harbhajan Thukral,
I sent letter only at the time of re-instatment an appointment letter on 10.1.1997 that he was appointed as a trainee clerk and about his salaray fixation with a clause that his absorbtion will be subject to his satisfactory service to the management and under his signed that he accepted all the terms unconditionally. Earlier temporary employments he was in practice of sending letter to the managment stating the proprietor - myself is not behaving well with him(that means i am not satisfied with his works) and also misrepresented that i am using him for my personal works(my home and workshop are the same) and he himself apoligised it as wrong and sent a letter in this regard. Now since even after his re-instatement he was not working properly hence i had to send him out settling all his dues. He states in his notice that his work was satisfactory and there were no reason for his sent out and the amount settled is also not according to the laws and hence seeks re-instatement. His nature of work waa merely clerical(printing press) and sometimes he had to deliver the goods to the parties concerned. He is now assisting with one lady supervisor who was also sent out before him and started the same
business and also propgandise about me and my business with my cleints and offering lowest rates. That lady doesnot claim anything sofar but she is also threatening me over phone, sms and local people often and not yet send any such letter.In this case kindly advise me how to handle him.
H. S. Thukral
(Expert) 30 July 2008
My legal advice to you is that for the moment you don't do anything and wait for further action from his side. What defence is to be taken at that time would be seen then. Keep all the records about his service handy. Find out, if possible, his present employment.
K.Ravichandren
(Querist) 31 July 2008
Thanks Mr. Harbhajan Thukral,
Thanks for your advice again and your valuable guidance in the above matter is noted. As u advised i shall wait for his further course of action and let u know. Once again thanks for the efforts taken
.Ravichandren
K.Ravichandren
(Querist) 03 March 2009
As Mr. Harbajan Sing instructed i was keeping quite and waiting for the action of the worker. He complained with the Asst.Labour Commissioner(chennai) stating as per his notice. The Asst.Commr sent notice to me to attend for a conciliation meeting with the said worker in a short duration and i sent one my representative and he refused to accept. Next hearing i went personally and he gave me a copy of the complaint. He gave me a day for my reply. Since i could not attend personally i sent my reply through the registered post. Even then the Asst.Commr is calling me personally to come with the proof or evidences for my version. Kindly advice me what to do now? Also explain what is the role of the Asst.Commr of Labourin this regard? How the conciliation procedings will go? And what will be its result?
H. S. Thukral
(Expert) 25 March 2009
I am sorry I could not see your query earlier so I could not reply. The ALC shall forward the dispute for adjudication. When ever you receive any notice from the Labour Court, let me hear abour it. I shall be in a position to guide you through it.
