How to prove that worker was not working here

Querist : Anonymous (Querist) 11 January 2012 This query is : Resolved
A worker left job in Jan 2011 , without giving any notice and settling his account.

In Jan 2012 he filed a complaint that he was working with us and we fired him without giving his dues of last 3 months. (Oct, Nov, Dec 2011)

How can we prove that he was not working with us ?

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Sudhir Kumar, Advocate (Expert) 11 January 2012
You did not state what is nature of your business. What was his nature of engagement. Whether you are keeping wage register. Whether you are subscribing WSI and EFP. Whether you are issuing appointment letter. How long the employees served. Whether he was eligible for gratuity if so whether you have paid him. When he stopped coming whether you notified his absence. Whether you had been deducting TDS and issuing F/16.

Querist : Anonymous (Querist) 11 January 2012
its a saree showroom and worker was only saleman. gratuity not apply in my case. We were paying wages etc. on G Form Register. there is absent marked in register.

DEFENSE ADVOCATE.-firmaction@g (Expert) 11 January 2012
If you maintain up to date muster roll, it is sufficient evidence.

H. S. Thukral (Expert) 11 January 2012
The onus of proving the master-servant relation is on employee. Assess yourself what records the employee can produce or ask to be produced to prove the relationship.

Raj Kumar Makkad (Expert) 11 January 2012
He who so ever asserts must prove. As the case has been filed by alleged employee, let him prove but you have also to take a definite stand whether he was working in your shop or not?

prabhakar singh (Expert) 12 January 2012
Agree with Mr. Harbhajan Singh Thukral

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