Relationship between Employer and Employee

Dear All,

Today, we will discuss in this blog about term “Employer – Employee relationship”.

To give brief information about Employer – Employee relationship, reference can be made to the judgment wherein it has been held that a driver who was orally appointed by the Chairman and Managing Director in their personal capacity and said driver salary was reimbursed by the Management of the Bank, the driver cannot hold liable to the bank for wrongful termination of the services by the Chairman and Managing Director of the Bank.

To explain further with regard to pertained topic, we can take reference of another case wherein it has been held that oral testimony by a driver, that too when rebutted by the witness of the management of company pertaining to the relationship of employer and employee has been wrongly relied upon by the Labour Court in holding that the respondent driver was employed by the Management whereas he was directly engaged by the Regional Manager in his personal capacity to drive the car hence in the absence of appointment letter or any documentary proof, the relationship of employer and employee could not be established.

To conclude we can say that when if there is no control and supervision by the employer over the employee then no such relationship can be established.

Thank you.

http://www.transerve.in/

Transerve Advisors Team

Transerve Advisors Private Limited.

A-55, Pravasi Industrial Estate,

Vishveshwar Road, Goregaon (E),

Mumbai – 400 063.

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