Dear All, In case if there is a legal case going on between any employee and decision is awaited, can such person do a job with any other company? what is the legal view on it? Regards Ranjeet
From India, New Delhi
11From India, New Delhi
Dear Ranjeet,
The information that you have provided is inadequate. You need to tell us what type of case is going on? The case is going on between employee and whom? Is it criminal or civil case? Who is the petitioner and who is respondent? What is the designation of the employee? Is the employee from Government services or PSU or private company?
There are so many questions associated with the post. Please give us complete facts of the case. Suggestions can be given thereafter.
Thanks,
Dinesh Divekar
From India, Bangalore
The information that you have provided is inadequate. You need to tell us what type of case is going on? The case is going on between employee and whom? Is it criminal or civil case? Who is the petitioner and who is respondent? What is the designation of the employee? Is the employee from Government services or PSU or private company?
There are so many questions associated with the post. Please give us complete facts of the case. Suggestions can be given thereafter.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Mr. Divekar,
Greetings!
Below is the response on your queries:-
You need to tell us what type of case is going on?:- If there is a labour case.
The case is going on between employee and whom?:- Case is between the management and the Employee,
Who is the petitioner and who is respondent?:- Petitioner is a workmen while respondent is Management.
What is the designation of the employee?:- He comes under the category of workmen or what if any executive had filed any case?
Is the employee from Government services or PSU or private company?:- Private Company. IF it will be PSU than what will the next course of action?
Regards
Ranjeet
There are so many questions associated with the post. Please give us complete facts of the case. Suggestions can be given thereafter.
From India, New Delhi
Greetings!
Below is the response on your queries:-
You need to tell us what type of case is going on?:- If there is a labour case.
The case is going on between employee and whom?:- Case is between the management and the Employee,
Who is the petitioner and who is respondent?:- Petitioner is a workmen while respondent is Management.
What is the designation of the employee?:- He comes under the category of workmen or what if any executive had filed any case?
Is the employee from Government services or PSU or private company?:- Private Company. IF it will be PSU than what will the next course of action?
Regards
Ranjeet
There are so many questions associated with the post. Please give us complete facts of the case. Suggestions can be given thereafter.
From India, New Delhi
Dear Ranjeet,
Again you have let others presume that the case is about the non-employment of the employee pending the decision of the Labour Court and the employee is gainfully employed elsewhere in the mean time. Here, "gainful employment" would mean the employment under another employer during the period of interregnum.The possible legal consquences, in case the award of the Labour Court is in favour of the employee, could be:
(a) He may not get back-wages from the date of dismissal to the date of reinstatement, if ordered in the award.
(b) In the event of the employer prefering an appeal against the award before the High Court and gets its operation initially stayed, the employee can not get his last-drawn wages under Sec.17B till the disposal of the appeal.
From India, Salem
Again you have let others presume that the case is about the non-employment of the employee pending the decision of the Labour Court and the employee is gainfully employed elsewhere in the mean time. Here, "gainful employment" would mean the employment under another employer during the period of interregnum.The possible legal consquences, in case the award of the Labour Court is in favour of the employee, could be:
(a) He may not get back-wages from the date of dismissal to the date of reinstatement, if ordered in the award.
(b) In the event of the employer prefering an appeal against the award before the High Court and gets its operation initially stayed, the employee can not get his last-drawn wages under Sec.17B till the disposal of the appeal.
From India, Salem
Dear Ranjeet,
This is in addition to what Mr Umakanthan has said. If the matter is sub judice and if the petitioner gets gainful employment then he could forfeit his claim for back wages.
If the petitioner is workman then provisions of Industrial Dispute Act, 1947 become applicable. Otherwise it will not be a labour case but a civil case.
If the petitioner is from Government services then case will be handled by Central Admin Tribunal (CAT) otherwise it will go to labour court/civil court.
Thanks,
Dinesh Divekar
From India, Bangalore
This is in addition to what Mr Umakanthan has said. If the matter is sub judice and if the petitioner gets gainful employment then he could forfeit his claim for back wages.
If the petitioner is workman then provisions of Industrial Dispute Act, 1947 become applicable. Otherwise it will not be a labour case but a civil case.
If the petitioner is from Government services then case will be handled by Central Admin Tribunal (CAT) otherwise it will go to labour court/civil court.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Mr. Umakanthan/Mr. Divekar,
Thank you so much for your professional advice.
Let me share you the details of the case (I have already posted one query as sub contract).
We have hired a contractor for providing cars along with drivers to us. Now without our knowledge, he has done a subcontract to third party for drivers.
Due to some reasons, they went off from the work stating that they were not paid the monthly wages. Till now we were in impression that they are on the payrolls of our vendor.
We have checked and found that the contractor has sub contracted this to some other party for the supply of driver. As per the first contractor, these drivers were transferred to some new unit (Although i don't have proof for the same as i don't have the copy of transfer letters). Such drivers through an external union have filed a case against their principal employer as well as making us a party in the labour office asking for reinstatement with full wages.
Below are the loops:-
1- The first contarctor doesn't have license under contract labour act.
2- Principal employer does not have the name of this contractor in RC.
3- In this case:- Who is the principal employer ? as contractor has sub contracted some functions.
4:- Can such workmen ask for reinstatement ? Although they are driving their own vehicles with the car services like OLA, UBER?
5-As per the ALC, Contractor cannot sub contract these functions?
Please advise
Regards
Ranjeet
From India, New Delhi
Thank you so much for your professional advice.
Let me share you the details of the case (I have already posted one query as sub contract).
We have hired a contractor for providing cars along with drivers to us. Now without our knowledge, he has done a subcontract to third party for drivers.
Due to some reasons, they went off from the work stating that they were not paid the monthly wages. Till now we were in impression that they are on the payrolls of our vendor.
We have checked and found that the contractor has sub contracted this to some other party for the supply of driver. As per the first contractor, these drivers were transferred to some new unit (Although i don't have proof for the same as i don't have the copy of transfer letters). Such drivers through an external union have filed a case against their principal employer as well as making us a party in the labour office asking for reinstatement with full wages.
Below are the loops:-
1- The first contarctor doesn't have license under contract labour act.
2- Principal employer does not have the name of this contractor in RC.
3- In this case:- Who is the principal employer ? as contractor has sub contracted some functions.
4:- Can such workmen ask for reinstatement ? Although they are driving their own vehicles with the car services like OLA, UBER?
5-As per the ALC, Contractor cannot sub contract these functions?
Please advise
Regards
Ranjeet
From India, New Delhi
Dear Ranjeet,
In the first place, a very basic question arises in my mind as to whether an establishment's contract with a travel agent or another establishment dealing in rental car services for public transport for the supply of cars with drivers could be brought within the purview of the CLRA Act,1970. In my opinion, at the maximum, such a contract could only be a contract for service ensuring regularity, economy and quality of service to the contractee and certainty of continuous business and of periodical payments to the contractor. Here, the Establishment/contractee hiring the services of the Cabs just stands on par with any other general public who utilise the services on rent. Therefore, it is just a " Contract for Service" similar to the contract for supply of goods. If the same is a " Contract of Service " undertaken by the contractor on behalf of the Establishment/contractee to fulfil the latter's statutory obligations,if any, the position would be different. As such your questions become contextually infructuous.
From India, Salem
In the first place, a very basic question arises in my mind as to whether an establishment's contract with a travel agent or another establishment dealing in rental car services for public transport for the supply of cars with drivers could be brought within the purview of the CLRA Act,1970. In my opinion, at the maximum, such a contract could only be a contract for service ensuring regularity, economy and quality of service to the contractee and certainty of continuous business and of periodical payments to the contractor. Here, the Establishment/contractee hiring the services of the Cabs just stands on par with any other general public who utilise the services on rent. Therefore, it is just a " Contract for Service" similar to the contract for supply of goods. If the same is a " Contract of Service " undertaken by the contractor on behalf of the Establishment/contractee to fulfil the latter's statutory obligations,if any, the position would be different. As such your questions become contextually infructuous.
From India, Salem
These matters deal with complex matters of law.Full facts .contracts etc need to be examined as stated earlier.
What is the ground on which external union has intervened?
With limited facts available the answer of learned member Shri Umakanthan.M is correct.
Basic facts as i can understand -your company has a contract with X for supply of cars and drivers.X has hired drivers from Y.
There is no link/relationship between your company and Y.
Right of employment with your company does not arise.
From India, Pune
What is the ground on which external union has intervened?
With limited facts available the answer of learned member Shri Umakanthan.M is correct.
Basic facts as i can understand -your company has a contract with X for supply of cars and drivers.X has hired drivers from Y.
There is no link/relationship between your company and Y.
Right of employment with your company does not arise.
From India, Pune
Dear Ranjeet,
doing a job in any other company is possible but the verification officers of the company will verify about the employee's previous record in its previous organization.
If they found it false or they got an information that there is a legal or any illegal case going on on that employee then the situation comes out of the black listed employee.
Once the employee got blacklisted then no organizaton will be ready to take that employee in it.
Regards,
Shailesh
From India, Delhi
doing a job in any other company is possible but the verification officers of the company will verify about the employee's previous record in its previous organization.
If they found it false or they got an information that there is a legal or any illegal case going on on that employee then the situation comes out of the black listed employee.
Once the employee got blacklisted then no organizaton will be ready to take that employee in it.
Regards,
Shailesh
From India, Delhi
Dear All,
Thanks for your valuable inputs and guidance.
Please advise is their any place for the sub contract in law especially in contract labour act which only define the term called principal employer and contractor.
Dear Mr. Umakanthan:- We have hired a vendor who provide us the luxury cars along with the driver for the guest transport.
regards
ranjeet
From India, New Delhi
Thanks for your valuable inputs and guidance.
Please advise is their any place for the sub contract in law especially in contract labour act which only define the term called principal employer and contractor.
Dear Mr. Umakanthan:- We have hired a vendor who provide us the luxury cars along with the driver for the guest transport.
regards
ranjeet
From India, New Delhi
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