Case problem :
A person worked in a factory for over 5 years and received remuneration for work done in cash every month. However no appointment letter was issued to him and there were no other ancillary records in respect of his employment with the factory. The management of the factory dismissed the workmen. Can the workmen successfully apply for his reinstatement..??
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Replies (3)
since there are no records..the workman would nvr win the case in his favour..
The worker have to sign any document while taking wages, doing some job a record or report of his work to his supervisor. which can serve us as a proof of work. If not monthly receipt signatures available, yearly bonus, gifts and any kind of entry exit records has to be obtained and approach the concerned labour officer along with the witness for the same so that the concerned Assistant t Commissioner of labour will file a case against and do the enquiry.
Please refer section 2(s) of the Industrial Disputes Act, 1947
"workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, dischasrge or retrenchment has led to that dispute, but does not include any such person ...............
Hence, it is implied contract of employment, he can claim for re-instatement of his job.
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