retrenchment

aj (Querist) 18 June 2008 This query is : Resolved

URGENT:i have a small trading firm in delhi.i had only 1 employee working with me for the last 4-5 years.he has now sent me a notice saying that he was drawing a salary of 2,500 for the last 20 years of service.he has not come for work and has claimed that we have thrown him our with verbal abuses and manhandling.i was not maintaining any records attendance/leave register.no appointment letter was given to him.he now claims settlement charges.how much is he entitled to get.am i liable to maintain records register.can i claim him to be a casual temporary worker?he used to go to our bank to withdraw cash from bearer cheques under his name from our savings account
what can the labour court charge for non maintaining any records?or how much will i have to spend to fight my case?how long and where will the cases be fought.
how much should i spend on settlement?
i am filing nil/negligible sales tax returns for the last 4 years

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Guest (Expert) 19 June 2008
File your statements with Lbabour officer alongwith the said documents like Sales tax return, etc. and make it clear that the employee is playing foul. They make enquire him.

Though Labour laws are welfare laws, they cannot be misused as in your case.

Fight back.

H. S. Thukral (Expert) 19 June 2008
Your earlier query on 15-06-08 had been replied in respect of claim of the employee and your liability.
On non maintenance of records, leave register/wage register etc., the inspector has to make an inspection and give you a notice. If he is not satisfied he can file a complaint before a magistrate who shall impose the fine if any violations are proved.

aj (Querist) 22 June 2008
small trading firm with only one employee.the employee was employed some 14 years back without appointment letter,then he left without resignation.came back 4 years back and now again leaving.no records are maintained for the employee like attendance,leave,resignation,etc.just that he used to get our bearer cheques encashed in his name for us from time to time.lic policy letters come at our address.some relatives of his working in nearby firms are ready to give their approval in court saying he was working with us.apart from this what else is required by the employee to prove his relationship with us to claim his settlement amount.is it possible for him to forge his appointment letter and blackmail us.is it possible for us to still win the case in the labour office.people are advising to abstrain from accepting his being employed with us

B.B.R.Goud. (Expert) 10 March 2009
you need to consult a suitable advocate who deals these matters.

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