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Aryan Jadhav (Law Student & Associate)     01 February 2010

labour laws

One of my close friend’s brother has muscular disease.  Family members of patient had arranged one sister at home as a care taker of patient through government recognized employment agency on daily charges of Rs. 500/-, out of which the agency used to pay Rs. 400/- to the sister and kept Rs. 100/- with them. The family used to pay the amount by cheque. Due to some peronsal problems, the sister left the job after four months and the said employment agency provided other two sisters subsequently as care takers in place of the first sister. Therafter the new sisters also left the job and the family arranged new sisters through other eimployemnet agency, who also left the job. Now the first sister who had left the job for personal problems joined again directly with the family and continued her services. In view of the above facts, I would like to put before u as under:-

  1. there was no any kind of legal agreement between the first employment agency and the family of my friend as regards the services of the first sister,
  2. the first employment agency anyhow came to know about resuming the services first sister directly,
  3. Being a reluctant by the fact mentioned at two above the concered agency is treating for the compensation of aroung Rs. 25,000/- to Rs. 30,000/-,
  4. The first employment agency has also been threatin to my freind's family that they will sue in the consumer court for compensate the said amount.
  5. In view of the above, you are requested to throw light on the legal provision/s in order to protect the family of friend, please also clear whether the fact that payment made to the agency by cheques would adversely affect the intersts of the family??????  
  6.   Plz help me !!!!!!!!!
Aryan Jadhav (LA)
D.V. Nanekar & Associates


 2 Replies

S V Narayanan (Personnel Manager)     01 February 2010

If you have written agreement with the agency and it taks about the service conditions, then you are bounded...else, no need for any threatning action

P.R.VITTAL RAO ( Professiob)     02 February 2010

If the first sister has severed her relationship with her employer and joined you in her independent capacity and there is no agreement between your friend and the supplier, he can not demand compensation and in fact a criminal prosecution can be lodged with the appropriate authority for such threatening

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