Dear Mr. Madhu.T.K,
My input was case specific (Yaasmin's husband) and your input was a general one. My input was keeping in view the fact if the employer is doing mischief to such an extent that for 5-6 years they were paying salary in case without fulfilling any statutory obligations , such employer must be doing his ground work on paper in his favor so that he may not be in trouble in future.
Secondly, in this particular case the employee was not conscious enough to ask the employer regarding his eligibility for getting employment contract, salary slips, pf/esic deductions etc. The employee was accepting salary in cash for 5-6 years without having any employment proof for himself.
Whatever you have mentioned regarding employer's responsibility to maintain wage register, attendance register, salary slips etc is applicable (strictly) in case of a regular employees and not in case of consultants. Consultants having field jobs may or may not require to sign the attendance register, may or may not get salary slips.
Your input “a witness to produce before the authority is sufficient to prove employer employee relationship” may be correct in a particular but not in all cases. Producing a witness is not enough to prove any case in the court of law.
In Coimbatore Cement Worker’s Union V. Managemenr of ACC Ltd. & Ors. LLN (3) 2010 P. 505, the Madras high court has ruled that documentary evidence of an employee to prove his status as a workman lies with the employee and just a company i-card is not enough to prove the employer-employee relationship (workman).
Even apex court has few ruling where the court has doubted the clean hands of the employee and questioned why the employee was silent for so many years.
Your input “The roles he has been performing has no relevance in gratuity payment. It is the last salary drawn and the length of service that are taken into account and therefore, you can certainly proceed with claiming of gratuity from your end” is correct but the type of employment has all relevance in deciding the gratuity payment.
I would appreciate your further input.
Regards,