No appointment letter

raju (Querist) 17 August 2024 This query is : Resolved
In private job employee worked for 7 years and then employer removed the employee without any query or notice and also did not pay his dues. The employee filed case before civil court for reinstate with back wages. The employer before filing written statement filed application for production of documents. My query is that employer did not issue appointment letter. The employee is having identity card and salary was paid by cheque which was drawn from employer account. Will this be sufficient to prove that he was employee of the employer. It is also understood that when employer didn't issue appointment letter criminal case under section 406 and 420 can be filed.

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This discussion explores how an employee can prove their employment status even without a formal appointment letter. Evidence such as identity cards and salary payments via cheque drawn from the employer's account can be sufficient to establish an employer-employee relationship in court. While the absence of an appointment letter doesn't automatically trigger criminal charges like 406/420 IPC, it's crucial to present strong documentary evidence to support your claim.

kavksatyanarayana (Expert) 17 August 2024
You can file a complaint against the employer before the Labour Commissioner.

T. Kalaiselvan, Advocate (Expert) 17 August 2024
Since your case has already been taken on file by court and is going on, it should be based on the reliable information furnished by you to establish employee employer relationship.
Hence you may proceed properly accordingly.

Sudhir Kumar, Advocate (Expert) 18 August 2024
so far you have not given any material to attract 406/420. Therefore no views can be formed.

giving of salary by cheque is a proof of employment.

P. Venu (Expert) 18 August 2024
Yes, records of attendance as well records as to receipt of salary are of probative value in establishing the contract of employment.

Advocate Bhartesh goyal (Expert) 18 August 2024
Employer paid salary through cheque prima- facai establishes relationship of employer and employee .non issue of appointment letter by employer does not attract offence of sec 406/420 IPC.

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