I have been summoned by the labour court, as some ex employee has filed a complaint against me for wrongful termination, minimum wages act and pending wages for 3 months. This person has worked only for 1 year in my small workshop. I have paid all his dues timely. Being a small shop I don't maintain any paper work, everything was verbal and cash payments. Any kind of offer letter, appointment letter is not there. My father also runs a small shop in the same premises, where my workshop exists, with different company and GST registration. Labou Court has summoned My father's company, and me with two summon notices. I believe this person does not know what's my company"s name, so he told the Union through which he complained in the court that he was employed in my father"s company. My father is a heart patient, recently went through a heart surgery. I don't want him to be in tensed state. He does not know about this false complaint or blackmailing happening. Kindly guide me how to tackle this.
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Since your father is made a party to the proceedings before the labour Commissioner/Court, he is required to appear before the Commissioner/Court and contest the matter either personally or through an Advocate. Only then your father and you can defend the case filed by the ex-employee and prove your stand.
You or anyone else can contest your father's case on his behalf, if he appoints you or other person as his lawful Attorney.
You should not get threaten by such blackmailing, since there exist no agreement, it doesn't mean that it will be against you, it might favour you as well. So it is advisable to you to contest the case diligently and file an appropriate reply through an advocate.
Dear Client,
Sorry to hear about your condition,To address this, as soon as you receive a summons from the Labour Court, you should go to the court and defend the case. Say very clearly that you are running a separate business from your father and both of you have different GST registration. Stress on the fact that the particular ex-employee was serving your business, not your father’s business, which seems to be a gray matter for him. In the absence of legal paperwork, collect as much evidence as possible including bank statements, witnesses, or any other records that will show that wages were made on time and no dues outstanding. Fight the wrongful termination claim by proving that you acted fairly in termination even if the agreements were in verbal form. Hire the services of a labor lawyer who will be of big help in defending your case and in making sure that your father being diagnosed with a health complication, will not be dragged in this case, unnecessarily. It is required of you to act fast if you are not to face any negative judgment.
Thank you.Hope you get the satisfactory answer.
Your father should deny he was an employee
there is no appointment letter , no funds transferred to his account , no termination letter
If this labour was never employed by your father then apply to the court to expunge the name of your father from this proceeding.
If you have received a summon from labour court then attend the court, obtain a copy of the petition and fight it back with the assistance of a local lawyer practicing in labour court.
Don't get panicked,
If he has no documentary evidences then his case will be dismissed.
Follow it up properly with the help of a lawyer.
It is a minor case, you can appear on behalf of your father or both of you through court. No case made out. You shop does not come under the definition of industry,
- If the said employee failed to produce documentary evidence that he was in the regular employment with you regularly for 240 days, then nothing can be done against you.
- Further, as per Supreme Court in the matter of Workman of Nilgiri Coop. Mkt. Society Ltd. Versus State of Tamil Nadu", held that , It is a well - settled principle of law that the person who is set up a plea of existence of relationship of employer and employee, the burden would be upon him.
- Since, the said employee has worked only one year and having no proofs like offer letter, appointment letter or termination letter , then the said employee cannot get anything from you, and his complaint will be dismissed.
- The appearance of your father is not mandatory , hence no need to be tensed, and you can appear on his behalf as well.
1. In this situation, you should not be intimidated. You should comply with the orders of labour court and contest the on merits with evidences and proofs.
2. If your father is unable to physically attend the labour court. Appoint authorized representative on his behalf.
