Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ARJUN MURALI (PO)     28 May 2015

Pantry worker & claim

Sir, The following scenario occurred in a public sector insurance co.

A Pantry worker was paid 200Rs daily for his work and he also do catering work to a small canteen set up to executives of the insurance co.

He gets almost food he 10,000/- per month as cost of the supplies. In addition to this he is paid the above mentioned Rs.200/- daily for other works in the pantry. There is proof for both the payments. This procss is continuing for 2.5 yrs.Now the co. has decided to stop canteen set up. Can the pantry worker(caterer) claim that he is an employee for 3 yrs citing the proof of payments he has received? What will be the way forward?(there is not at all any contract b/w the insurance co. & the caterer)



Learning

 3 Replies

arulprasath (HR & Legal)     29 May 2015

Hi,

According to the TN Industrial establishment (conferment of permanent status of workman) act, sec 3 stating that any one workman uninterupted service of 480 days will be made the permanent status. If your employer wants to remove him from service then follow the procedure of IDA, SEC 25F - 25G, or else it will leads to be the unfair labour practice and the workman has rights to suit against the ULP.

T. Kalaiselvan, Advocate (Advocate)     05 June 2015

Mr. Arul Prasath has thrown light with valuable opinion and suggestion, you may follow it. 

Kumar Doab (FIN)     06 June 2015

The person may contact employee's/trade union leaders, labor law consultant/service matters lawyer and then to Inspector appointed Shops and Estbs.Act,o/o Labor commissioner.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register