Reply to claim application under the Delhi Shops and Establishments Act, 1954
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IN THE COURT OF Authority's name; AUTHORITY
OFFICE OF THE DEPUTY LABOUR COMMISSIONER, (DISTRICT SOUTH-EAST), KALKAJI, NEW DELHI
S&E/SED/File reference prefix/File number/File year
IN THE MATTER OF: -
Claimant's name: CLAIMANT
VERSUS
Respondent's name: RESPONDENT
N.D.O.H.: Date of hearing
REPLY ON BEHALF OF THE Respondent's name AND Co-respondent's name AGAINST THE CLAIM APPLICATION FILED BY THE CLAIMANT, NAMELY Claimant's name, UNDER THE DELHI SHOPS AND ESTABLISHMENTS ACT, 1954.
MOST RESPECTFULLY SHOWETH: -
PRELIMINARY OBJECTIONS: -
1.That the claimant has filed the present complaint against the answering respondents, and the same is listed for hearing today, i.e., Date of hearing.
2.That it is submitted at the outset that the present claim is bad in law, inasmuch as it has been initiated under provisions of law which are not applicable to the respondents. The respondents are individuals and not a "shop" or "establishment", and are therefore not covered under the enactments referred to in the claim. The claim under reply deserves to be recalled on this ground alone, and the very initiation of the claim is bad in law. Any further pursuance of the claim would result in unwarranted harassment of the respondents, for which the respondents may be constrained to initiate appropriate proceedings and pursue other remedies against the claimant, namely Mr./Ms. Claimant's surname, and claim damages from the claimant personally, as the claimant is acting beyond the four corners of the law.
3.That the respondent no. 1 recently superannuated as Respondent's employment background before superannuation. The claim under reply has been issued in haste and without verification of the true facts. The respondents are thus constrained to state that the notice has been issued without verification of the true facts, which is bad in law, and has caused harassment and grave mental agony to the respondents, who have a distinguished record of service. It is most respectfully submitted that in Month of joining discussion, Mr. Driver's name, who had come through the Name of the app through which the driver was engaged, expressed his keenness to join as a full-time driver with the claimant and communicated his terms through WhatsApp, which were agreed to, whereafter he was engaged on Date of joining. In the first week of his joining, he stated that he had lost his mobile phone and requested the claimant to assist him by contributing an amount of ₹ Amount contributed for mobile phone (₹)/- towards the purchase of a new mobile phone, which amount was duly paid to him. Thereafter, within a couple of months, he expressed a desire to purchase a motorcycle as he had no means of conveyance, and the daughter of the claimant, namely Ms. Claimant's daughter's name, handed over an amount of ₹ Amount transferred for motorcycle (₹)/- to him through an online transfer. The duty hours agreed upon were from Duty start time in the afternoon to Duty end time, with overtime payable at the rate of ₹ Overtime rate per hour (₹)/- per additional hour, together with reimbursement of food expenses. The claimant settled the accounts with him on a daily basis through Mode of daily settlement of accounts (e.g., Paytm or cash) or in cash, and the records of such settlements can be produced, if so desired.
4.That the conduct of the said Mr. Driver's name / claimant was consistently cantankerous and aggressive towards the claimant, her sister Ms. Claimant's sister's name, her daughter and other residents of the society. Several complaints were raised against him by the neighbours and the security guards on account of his misconduct and aggressive nature. Even while driving, he would drive rashly and pick up quarrels with other drivers. He attributed his bitter temperament to the hardships in his life, and the claimant tolerated his conduct on humanitarian grounds. The sister of the claimant, namely Ms. Claimant's sister's name, was also treated badly by him. She had further found him to be consuming alcohol while on duty in the afternoon, owing to which she stopped travelling in the vehicle driven by him. He frequently took leave and would, at the last moment, call and state that he was unable to come to work as he was unwell. WhatsApp communications to this effect are available. The claimant never deducted any amount on account of excessive leave and always paid his full salary. He stated that his mother was ill, was under medication, and that he was the only person available to look after her. Consequently, whenever he requested an advance of salary, the claimant transferred the same instantly without any objection. Screenshots of the relevant transactions and conversations are available and may be produced as evidence.
5.That there were never any terms stipulating payment of bonus or a notice period of one month (though the claimant informed him one month in advance of her decision to disengage his services, subject to adjustment of the advance paid). The claimant liberally gave him money on all festivals, occasions and birthdays. Despite all the financial assistance extended to him, and the unlimited leave granted on account of medical issues concerning himself and his mother, the conduct of Mr. Driver's name was absolutely deplorable. The claimant could not continue with him in view of his terrible attitude and mannerisms, and accordingly informed him of her decision to discontinue his services in advance on Date of termination notice. He had been paid advance salary up to Date up to which advance salary paid, and an amount of ₹ Amount of advance salary (₹)/- was again paid to him on Date of final payment. Nothing remained due and payable to him.
6.That it is submitted that the present claim application is bad in the eyes of law, inasmuch as it has been initiated under the wrong provisions of law.
7.That the respondents are thus constrained to state that, without verification of the true facts, this Hon'ble Authority has issued a notice which is bad in law and has caused harassment and grave mental agony to the respondents, who have a distinguished record of service.
8.That the proceedings initiated before the Ld. Labour Inspector were thoroughly investigated and were subsequently quashed, as no evidence was found against the respondents. This finding indicates that the allegations raised by the claimant were unfounded. Following the quashing of the proceedings before the Ld. Labour Inspector, the claimant approached the Ld. Conciliation Department. The respondents submitted a comprehensive statement of facts before the said authority, reiterating their position that the allegations lack merit and are not supported by any evidence.
9.That the present claim does not fall within the purview of the Delhi Shops and Establishments Act, 1954, or the Industrial Disputes Act. The respondents respectfully invite attention to the ruling of the Hon'ble Supreme Court in AIR 1974 SC 1527 (Chief Commissioner, Delhi vs. Federation of Indian Chambers). This citation clearly delineates the boundaries of applicability of the said enactments, and reinforces the respondents' assertion that the claim is misconceived and misplaced.
10.It is submitted that the present claim is an attempt to harass the respondents, there being no substantial grounds in support of the allegations made. The continued pursuit of the matter, despite the findings rendered earlier, appears to be a strategy to create undue pressure upon the respondents rather than a genuine pursuit of justice.
11.That it is vehemently denied that any amount is due and payable to the claimant. The entire complaint is malicious in nature and deserves to be dismissed forthwith.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Authority may graciously be pleased to:
(i)dismiss the claim application of the claimant, together with the relief claimed therein, on the ground of want of merit and as being an abuse of the process of law;
(ii)dismiss the claim application, in view of the submissions made above, with heavy costs; and
(iii)pass such further order or orders as this Hon'ble Authority may deem fit and proper in the facts and circumstances of the case, in favour of the answering respondents, in the interest of justice.
It is prayed accordingly.
RESPONDENTS
DELHI
DATEDTHROUGH
(xxxxxxxxxxxx)
ADVOCATES
Advocate's name,
New Delhi-110014.
Email Id: Advocate's email address
Mob No.: Advocate's mobile number