Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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navin......... (service)     22 September 2009

notice from labour officer cum concilation officer

my father got some minor construction work done at his plot. the contractor hired by him left the work after 4-5 days leaving the work uncompleted. even after requesting him to work he didnt started it so my father hired some other person who completed the job. now after 2 yrs this contractor has sent a notice through labour officer cum conciliation officer via registered post to pay a heavy amount. i am not ale to understand how the authorities got convinced by him that they slappeda notice for amount over 1 lakh. also the notice says to appear there. pls advice what are the legal implications involved in this and should we hire any lawyer to present our side of story. he is trying to harras us and cough up money over this. and there is no legal evidence or paper to support his claims.



Learning

 9 Replies

navin......... (service)     22 September 2009

also behind all this thing theres some local AITUC(all india trade union congress) person who has filed this application against my father

Kiran Kumar (Lawyer)     23 September 2009

navin ji, such type of problem can be seen every where, dont worry the facts will speak of every thing....the Unionism is often misused.

 

better engage some local lawyer for a fitting reply to the notice.

Ashish Ovalekar (Manager Legal & Compliance)     23 September 2009

Dear Navin,

From the facts narrated by you, i can state that the contractor is just trying his luck to extract monies from your father. Just check from your father, whether anything was therein writing between your father and the contractor. Further also check wthere he has retained any bills or correspondence of the other contractor who has completed the work.

I would request you to first appear before the Conciliation Officer alongwith your father, and make an application to the conciliation Officer to provide all documents which the contractor might have filed before him. Seek time to file an appropriate reply to the application.  

The best defence you can take beofre the conciliation officer, that the compliant is not maintainable, as the concliation officer does not have juridiction to entertain a dispute which is purely of civil nature, on the grounds that your father is neither a employer or the contractor his employee, and there exists no employer employee relationship between your father and the contractor. 

Do not disclose any of your defences before the concilaition officer at this stage, and whatever you have to say should be in writing in the form of your reply. Do not panic, as there seems to be no case against your father. Advocates are not allowed to appear before the concilaition officer, and hence your would have to represent the case yourself.

Do write back incase of any dificulty.

Thanks,

 

Ashish.

 

Amardeep Srivastava (Senior Law Officer)     23 September 2009

Dear Mr. Navin,

The notice received by you from the conciliation officer is only for the purpose of conciliation i.e. if any amicable settlement can be arrived between the parties and not for adjudication. The conciliation officer can only facilitate a settlement, if possible, or report failure of conciliation. Nothing to worry about this notice. You can present your facts before the conciliation officer and state that you/your father do/does not owe any money to the applicant and hence there is no occassion to negotiate any settlement. As advised by Mr. Ashish you will have to present your version yourself as the Advocates are not allowed to represent the parties in conciliation.

Amardeep

jagadish paranjape (Advocate)     23 September 2009

Dear shri Navin,

Labour officer/conciliation officer can intervene only in cases where in any industry there is

dispute between workmen and employer.In your case your plot is not an industry nor the contractor is workman of your father. He is an independent contractor.Therefore you need not

bother.The reasons for intervention are best known to the labour officer.

sangram (service)     23 September 2009

Navin,

Could you please mention exactly what is the notice and under which act?

Regards,

Sangram

Suresh C Mishra (advocate)     28 September 2009

 This is unfair labour practice from the side of union and this type of applications are not maitainabale . you are better adivised to engage a lawyer or yourself to file objection saying that residential house does not covered under any of the Act  in any of the Labur law . for exact advice plese sent me a copy of complaint . I wiil send you reply . contact me 9450362743 LUcknow. 

H. S. Thukral (Lawyer)     28 September 2009

The contractor is trying to take advantage under Building and other Construction Workers Act, putting himself as a workman employed in the concerned construction activity. Terms of the contract etc. if reduced in writing would be help to you or the payment record such as payment made to contractor only who further paid to workers employed by him.

R.SWAMY (ADVOCATE)     19 October 2009

Mr. Navin, It is only play cheet action which your didnt know how act like this people. Dont be panic. There is a way to teach him 'TIT FOR TAT'. Use yard stick like same as him. Get the help of Ex-Labour Dept Officer -cum- present Advocate to teach him. If u need help call me any time at hyderabad No. cell 9010264564

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