Query for false/fake labour case!!
Ajay Kumar Sinha
(Querist) 19 November 2016
This query is : Resolved
Respected Sir/Madam,
Just wanted to know, if someone complain or register false labour case against a Farmer? Here my father, he is a farmer Age 70. We have few agricultural land and all are given in lease for last 15 years. Living along in village and my mother. Some who never worked as labour registered a case against my father saying he has not given Rs 70000 for his work. Just to take benefit of labour law. He has been asked to do so by someone in our village. My father received a notice that says to appear in forum, if not case registered against him will be treated as final. Inspite of age issue he appeared after notice. The officer also saying this is a false and fake case. But we are worried, what need to be done here. :(
Please guide and help me how to come out of it.
Regards
Ajay Kumar Sinha
Kumar Doab
(Expert) 19 November 2016
' The officer also saying this is a false and fake case. '
The onus to prove is on complainant.
Your father may affirm that complainant never worked for him ( if true).
Kumar Doab
(Expert) 19 November 2016
Aged person do have limitations.
If your father aged and unable then he may engage a very able counsel specializing in labor matters.
Inquire in same labor court.
Rajendra K Goyal
(Expert) 19 November 2016
Your father can engage a lawyer and oppose the claim on merits.
Ajay Kumar Sinha
(Querist) 19 November 2016
Please find attached the notice received and the application submitted by my father yesterday.
Rajendra K Goyal
(Expert) 19 November 2016
No attachment possible in this section.
Narrate gist.
Rajendra K Goyal
(Expert) 19 November 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Query-for-false-fake-labour-case--623446.asp
Devajyoti Barman
(Expert) 19 November 2016
If your father has done nothing then the allegation would never be proved in court and hence your father has nothing to worry.
Ajay Kumar Sinha
(Querist) 19 November 2016
Thank you so much all :)
I am really grateful to lawyerclubindia, who give us best suggestions to all.
Regards
Ajay
Kumar Doab
(Expert) 19 November 2016
You are welcome.
It is good to see that some authors do come back to thank the experts.
Sankaranarayanan
(Expert) 20 November 2016
If your father is innocent then fight the case on merit with expert lawyer . you can file a petition to speedup the case under "Senior Citizen"
Rajendra K Goyal
(Expert) 22 November 2016
Why to repeat?
If not satisfied with the replies in this section, should contact local lawyer for detailed discussion / guidance.
Ajay Kumar Sinha
(Querist) 03 December 2016
Respected Sir,
In addition to the above query. My father (72 Years) is being mentally and physically harrassed for raising the voice against the corruption happened in PACs and Manarega schemes in village via RTI information. Living alone in village with my mother.
The people who are involved getting the fake and false complaint against my father by misusing the labour and Harizan laws. Just to ruin my father completely. First that person raised false complain in Labour cell and when he saw nothing happened then again in Harizan cell by missing law. Its my prayer to all to help and guide me what need to do here since i am in Delhi and my father is in Bihar.
Ajay Kumar Sinha
(Querist) 03 December 2016
Now the same person went to Harizon cell and complaint that my father has beaten him and took 1000 rupees from his pocket. He has complaint that my father went to his place along with 5 people.
Truth is:-
1. My father even don't know by his face as he never came to our residencer. Neither communication even done via mobile.
2. We came to know that person lives 3-4 KM from our home and political worker of RJD and a member of PACs having ample amount of land and vechiles.
3. How he can work as a labour since we don't even know by face.
4. How my father senior citizen (72 years) can go to his place and beat him and took 1000 rs from his pocket, even don't know his address.
Reguest/Prayer: you all to guide and help me by your suggestions
Kumar Doab
(Expert) 05 December 2016
You may engage a very able counsel and show all case related papers.
Rajendra K Goyal
(Expert) 06 December 2016
Defend the charges against your father and prove the charges as wrong.
Explore the possibility of amicable settlement.
