There is little contradiction in your post. At one place you write that you have received notice from Labour Court. At another you write that you have been receiving notice from Labour Office. Therefore, clarify on this count.
Anyway, whether you have received notice from Labour Office or Labour Court, your company needs to send their representative and prove that the security guard was a contract employee.
Now about termination of his services. What procedure did you follow before termination of his services? Yes, consumption of alcohol while on duty is misconduct but then what proof do you have? If you have incontrovertible proof then did you conduct the domestic enquiry before termination? Though your case is not weak as such but not conducting the enquiry could increase your headache in this matter.
22nd December 2018 From India, Bangalore
You issued experience certificate.That is also wrong.Any way fight the case in LC.
Tvpm Ph 9961266966
23rd December 2018 From India, Thiruvananthapuram
Don't get panic and do not reply anything in writing to the person.
You can prove to the Authorities ( Labour office or Labour Court) that he was contract worker deployed to work in your premises by his immediate Employer on the basis of his appointment letter , wage register, ID card attendance register etc and such other records which the Contractor would have maintained.
Certainly, it was mistake if the HR of the principal employer has issued Service certificate on the Company's letterhead.
But depending on the contents of the letter, you can twist it in your favour.
It looks like the person may drag you to the Labour Court.
He can either invoke provisions under Industrial Disputes Act or MRTU &PULP Act. Under ID Act he has to go through Conciliation process first then Adjudication. But under MRTU& PULP Act, he can directly approach Labour Court.
Any way, you need to engage good labour lawyer if and when matter goes to the legal authorities.
But now take every step only after consulting your lawyer.
24th December 2018 From India, Mumbai
HR & Employment Law Attorney
Specializing for Recruiting and Contract Staffing Industry
24th December 2018
Your HR has done blunder by issuing experience certificate to contractor workmen.
Further, it is not understood how you could terminate the workmen of contractor as you are not the pay master. Not much can be contributed to help you for a sollution as you have already made communication to the labour authority.
Only thing I can say to console you, that there is nothing to worry in least if your said contractor has obtained the licence from the Labour office.
You ask the workman to produce the appointment letter that he was appointed by you as Guard. Before that pl send the copy of experience letter issued by you in my whatsapp no8093097934 to suggest something best.A similiar case had handled by self and earned result from High Court in our favour.
28th December 2018 From India, Mumbai