Thursday, May 31, 2012

To claim compensation in case of employer-employee relationships within a family, it is necessary to have proof of wages in terms of money to prove the employment.

HC: Prove employment within family to claim relief


The Bombay high court has ruled that to claim compensation in case of employer-employee relationships within a family, it is necessary to have proof of wages in terms of money to prove the employment.

Justice Mridula Bhatkar observed that it was necessary as without it, every service rendered by family member can be computed in kind, which could then stretch every relation among family members as an employer-employee relationship.

This judgment was passed during the hearing of an appeal filed by Lata Ubale who had challenged an order dated November 29, 2010 of the Workmen’s Compensation. The labour court rejected her claim stating that she failed to prove that her son, Lalit, was employed by her estranged husband, Ramchandra, but Ubale’s advocates, MB Kotak and Avinash Gokhale, argued that she had been dependent on her son since her separation from Ramchandra in 1986. Lalit was employed to drive his father’s jeep. He was paid Rs 3,000 per month along with a daily allowance of Rs 25. He died in an accident on March 13, 2000.

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