End of service benifit for small rubber plantation labour

Premachandran (Querist) 14 September 2020 This query is : Resolved
Dear Sir,
I have 4 Acres of rubber plantation in Palakkad, Kerala and I have appointed a labor for tapping. I do not have any written contract with him. After one and month tapping of this season he asked for wage hike which I couldn't agree due to the low price of rubber hence requested him to discontinue if the current wage is not acceptable to him. He has been working for the last 7 years in the plantation.
All wages are being cleared every year and he never asked for any addition benifits or bonus these years. He has discountinued tapping and is demanding Rs. 2 lakhs as his end of service benefit. Also threatened me that I have to pay him daily wages until the demanded settlement is paid though he stopped tapping works.
I request your valuable advice on how to resolve the issue and what could be the settlement amount to be paid in case he is entitled.
Advice from Keralite lawyers are appreciated.
What is legal proceedings to face his threatening and to employ another person.
Thanking you,
Premachandran.V.P..

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Quick Summary

A small rubber plantation owner in Kerala is facing a dispute with a labourer of seven years who is demanding a large end-of-service benefit after a wage disagreement. The owner, who has no written contract, seeks advice on legal obligations, potential settlement amounts, and how to proceed with legal threats and hiring new staff. While the Plantation Labour Act may not apply, seeking local legal counsel is recommended for navigating this labour dispute and ensuring proper documentation of past payments.

Dr J C Vashista (Expert) 14 September 2020
Mr. Premachandran VP,
Instead of posting this question on worldwide site you should have preferred to engage and seek professional services of a Keralite lawyer.
You can not restrict other experts on this platform for responding, although I am least interested in your business related labour dispute.

Isaac Gabriel (Expert) 14 September 2020
It needs to be examined with the rules in force in kerala, for which cosult a labour lawyer.

Rajendra K Goyal (Expert) 14 September 2020
Seven years are long enough.

However, try to have amicable settlement, if not possible, let him move legally.

Try to have proofs of all previous payments to him.

P. Venu (Expert) 14 September 2020
To my knowledge, the provisions of Plantation Labour Act are not applicable in the instant case.

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