Applicable act
raju
(Querist) 26 December 2025
This query is : Resolved
That owner has one packing godown and one jaggery manufacturing and have GST numbers for both and having more than 40 workers but doesn't have any PF, ESI or Bonus and payment also done cash. He has also not registered with shops and establishment or any factory act. My query is that owner is also applicable under this act or any other act. Please advise.
T. Kalaiselvan, Advocate
(Expert) 27 December 2025
This is question regarding seeking relief by doing away without observing the law and legal procedures in a business activity.
You may better consult an experienced lawyer or a consultant in the local and proceed as advised.
P. Venu
(Expert) 27 December 2025
What is the context for this query?
raju
(Querist) 27 December 2025
Simple query requested that whether packing and thereafter sales for export and jaggery manufacturing do both these needs to be registered with shops and commercial establishments act and or factory act since more than 40 workers
T. Kalaiselvan, Advocate
(Expert) 27 December 2025
A company must register under the Factories Act, 1948 if its operations involve a "manufacturing process" and it meets specific employee thresholds; otherwise, it must register under the respective state's Shops and Establishments Act. The nature of the work (manufacturing vs. commercial/office) is the deciding factor, not the export business itself or the employee count alone.
If the administrative office is within the same premises as a registered factory, it may also be covered by the Factories Act. However, if the office is in a different location, it requires separate registration under the Shops and Establishments Act.
Given your employee strength of 40, both Acts would be applicable depending on the nature of operations, ensuring compliance with labour laws regarding working hours, safety, health, and welfare.
Dr. J C Vashista
(Expert) 28 December 2025
The person stated to have been employing more than 40 people in manufacturing and packing units without registration with ESI, PF and so and so on........is an unbelievable statement.
What is your problem / dispute and locus standi ?
Prima facie it is an examination hall question with hypothetical facts.
raju
(Querist) 28 December 2025
Dear Experts factory is that an ex employee worked for almost one year and thereafter resigned and the owner didn't pay his payment of dues inspite of repeated requests almost Five months passed. That the owner mostly paid salary by cash and once in his bank account and no appointment letter or any identity card issued. The employee is only having whatsapp message from the owner regarding his unpaid salary. That ex employee is well aware that owner don't have any registration number since more than 40 workers employed. Any relief remedies employee can go for.
T. Kalaiselvan, Advocate
(Expert) 28 December 2025
If the employee is aggrieved by non payment of salary, let him first issue a legal demand notice demanding the arrears of salary after which he can file a suit for recovery of money on the basis of established relationship between the employer and the employee vide any documentary evidence including the whatsapp messages.
raju
(Querist) 28 December 2025
Dear Experts will bank transaction even if done once and WhatsApp message between the owner and ex employee will be sufficient as proof of evidence to recover pending payment.
P. Venu
(Expert) 28 December 2025
The workman concerned can raise a labour dispute before the competent labour officer. Strict rules of evidence are not applicable in respect of such quasi-judicial proceedings.
Dr. J C Vashista
(Expert) 29 December 2025
Did the workman raise this issue with management ? If unsatisfied with response of management, whether the workman approached concerned Labour Commissioner ?
Prima facie it is not your personal case, isn't it ? If so, what is your concern / problem / locus standi?
kavksatyanarayana
(Expert) 29 December 2025
The owner has a packing godown and jaggery manufacturing, and the date from which he is doing it is not stated, and hence it seems to be hypothetical.
raju
(Querist) 30 December 2025
Packing godown and jaggery manufacturing for almost four years and having annual turnover for 10 crores. The checking officers come sit in office and goes without taking any action. Dur to fear of job and unemployment no worker ready to raise voice for their rights. I too have given complaint to labour office but still no action taken and my due payment not paid by owner.
T. Kalaiselvan, Advocate
(Expert) 30 December 2025
You may follow it up with the authorities concerned on all such further issues, this forum is not a grievance redressal cell.
There are legal forums which will address the grievances of the aggrieved parties, if you are aggrieved then you may knock the doors of one such legal forum.
raju
(Querist) 01 January 2026
Dear Experts Happy New to all. That case before Industrial Tribunal has been filed U/s 33 C (2) of the Industrial Disputes Act 1947 directly for recovery of unpaid wages salary and other dues. Is is proper
T. Kalaiselvan, Advocate
(Expert) 01 January 2026
Since the matter is pending before a legal forum, you may wait for the disposal by the legal forum, any opinion rendered in a subjudice matter will be a prejudice.
Dr. J C Vashista
(Expert) 02 January 2026
You did not confirm your locus standi to the issue?
raju
(Querist) 12 January 2026
That employer called over mobile phone which was recorded. Can it be an evidence wherein admitted for pending payment.
kavksatyanarayana
(Expert) 12 January 2026
Yes, it can produce mobile recordings (audio/video) in court, but they must meet strict legal conditions for authenticity.
