| a person was running a taxi for me for three years, i had issued one experience certificate in good faith to get him a credit card issued on 1/1/2007, i have removed his taxi on 2nd feb 2008 and paid his due after some deductions by crossed cheque which he has encashed, now he has compalined as workmen using that certifice and demanding a salary from dec2007 to march 2008. there was nothing for taxi hiring in writing, i have replied saying that there was no employee-employer relation, and exp certificate in not my letterhead. and all his payment is done by crossed cheque. pls advice dear he can not be categorised as workmen as there was no employer and emplyee relationship. you have hired his taxi on contract basis and you were paying charges for taxi. you have issued experience certificate on other letter head let him file a case against that company.you show that you have not issued any letter. tks j s malik pls note what i meant is the letter head is not my original letterhead and he had made on computer as my firms name. it was issued on 01st jan 2007 with the following wordings mr.XXX is working with us from 01st april 2003 to 31 september 2006, and during his tunure we found hime sincere and hardworking and last drawn salary is Rs.5000 and the certificate is issued at his request. now he is claiming salary for dec2007 to march 2008 @8000 PM. my argument with DLC was asking him to show payment proof as mentinoned in the complaint by him that i have paid by cheque which till date he has not produced. last meeting on 24th nov his advocate filed a reply against my reply saying i was paying cash as it is done for other engineers, to this said i dont make any payment above Rs.4500 in cash and i have proof, again i said the said exp.certificate is not issued by me, now he has to prove the signature is mine and till that time the case is kept in abeyance. now what i want to know is 1. can i bring objection to advocate presence as per law and workmen not attending. 2. can i object for the change in statement as per original complaint 3. i had already filed one NC with police on 9th april for threating after he has played this trick. 4. pls add your points regds priya Dear Priyavartha, I gone through your case & giving hereunder some suggestions: - 1.He can’t prove his employment. 2.As he made a duplicate of your letter head, you just take a copy of that letter head & lodge a FIR against him. He would be caught in fraud. 3.Lodge another FIR against him that he is threatening you to kill. 4.To the DLC, you just make only one statement that only last month he drove your car for which he got paid.(Last Month means that month in which you terminate his employment) I am sure, after doing this practice you will get relief from this problem. These types of man try to harass the gentle people & on that basis they expect anything’s. Rgds/Jitender
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