Sir,
Our firm only employee had starting absenting from service from June, 2019 onwards .We sent him letters requiring him to join duty immediately to which he did not reply. He then sent us lawyers notice demanding exorbitant amount with the charge of removing from job without notice to which we did not reply . We came to know that he had started working as contractual labour in another city since 2019 .We were under impression that the matter was closed . After 4 years ,he sent us demand notice in August ,2023 with charges of pending earned wages (01-05-2023 to 31-07-2023) and removal from job without notice on 31-07-2023 . We filed our reply to demand notice stating that he was absent from service from 2019. He then filed complaint with labour office and matter was referred to labour court as settlement could not be made .We filed our reply after receiving summons from court and next date of hearing is 10-03-2025.
We have filed RTI with Postal department to confirm his service as contractual labour with postal department along with date of joining ,name of contractor and last salary drawn but no reply has been received till date . We have also sent registered post letter to superintendent of posts along with copy of RTI for necessary immediate action. Please advice the process ,application format to obtain call records ,mobile location for Vodafone UP West prepaid mobile connection for the period 01-05-2023 to 31-07-2023. Can the same be used as evidence to confirm employee absence from service ?
Please advice.
