A carpenter did the wood work in my residencial flat through an interior decorator.
Payment was made to the interior decorator but the interior decorator did not pay the carpenter.
Now the carpenter is asking for payment from me, is this fair?
The carpenter has done the work through decorator. In such a situation, does any labour act apply to me? Is Payment of Wages Act or any other Act like contract labor applicable to me?
With regards.
Naresh
From India, Delhi
Payment was made to the interior decorator but the interior decorator did not pay the carpenter.
Now the carpenter is asking for payment from me, is this fair?
The carpenter has done the work through decorator. In such a situation, does any labour act apply to me? Is Payment of Wages Act or any other Act like contract labor applicable to me?
With regards.
Naresh
From India, Delhi
Hi
The work is carried out for your residence (Apartment ) and not for a Company. You had assigned the contract to the Interior Decorator and hence Carpenter have no right to question you for the payment. However you can advise the Interior Decorator to release the payment to the Carpenter. Normally for such domestic work we don't issue any work order. If volume of transaction is in lakhs hope you had released payment to Interior Decorator through Bank which will stand as evidence for payment made. The question of Principal Employer vs sub contractor relationship does not arise here as these are domestic work
From India, Madras
942The work is carried out for your residence (Apartment ) and not for a Company. You had assigned the contract to the Interior Decorator and hence Carpenter have no right to question you for the payment. However you can advise the Interior Decorator to release the payment to the Carpenter. Normally for such domestic work we don't issue any work order. If volume of transaction is in lakhs hope you had released payment to Interior Decorator through Bank which will stand as evidence for payment made. The question of Principal Employer vs sub contractor relationship does not arise here as these are domestic work
From India, Madras
Honourable Lakshmi Narayanan jee, first of all I would like to thank you for giving advice to my query.
I have not entered into contract in writing with interior decorator. There was a wood work along with the material of Rs 2.5 lakh with the interior decorator at my residence. Full payment for which has been made through the bank. The interior decorator agrees that he has received full and final payment from me.
I want to correct what I said earlier that the interior decorator had made some payment when the carpenter was working and some outstanding amount still remains. The dispute is between the carpenter and the interior decorator for the remaining amount.
The carpenter is saying that my payment is this much and the interior decorator is saying that your payment is this much.
I requested the interior decorator to resolve this dispute and release the carpenter's payment.
I politely told the carpenter that I have not called you for my wood work, the interior decorator has called you, so whatever you have to talk about, you should do it with the interior decorator.
The carpenter is telling me that if the interior decorator does not make the payment then the owner of the house where the work has been done, that is you, will make the payment. Either get me paid from the interior decorator or else you pay me otherwise I will go to the labour court.
What should I do?
Thanks with regards.
From India, Delhi
I have not entered into contract in writing with interior decorator. There was a wood work along with the material of Rs 2.5 lakh with the interior decorator at my residence. Full payment for which has been made through the bank. The interior decorator agrees that he has received full and final payment from me.
I want to correct what I said earlier that the interior decorator had made some payment when the carpenter was working and some outstanding amount still remains. The dispute is between the carpenter and the interior decorator for the remaining amount.
The carpenter is saying that my payment is this much and the interior decorator is saying that your payment is this much.
I requested the interior decorator to resolve this dispute and release the carpenter's payment.
I politely told the carpenter that I have not called you for my wood work, the interior decorator has called you, so whatever you have to talk about, you should do it with the interior decorator.
The carpenter is telling me that if the interior decorator does not make the payment then the owner of the house where the work has been done, that is you, will make the payment. Either get me paid from the interior decorator or else you pay me otherwise I will go to the labour court.
What should I do?
Thanks with regards.
From India, Delhi
Hi
Got it. Strictly speaking Interior Decorator to resolve this as Carpenter is no way connected with you except that he had executed the work as part of business relationship with Interior Decorator.
From India, Madras
Got it. Strictly speaking Interior Decorator to resolve this as Carpenter is no way connected with you except that he had executed the work as part of business relationship with Interior Decorator.
From India, Madras
Sir thanks for your prompt reply.
Your reply has given me a lot of relief, thanks for this. Sir, the relationship between carpenter and interior decorator has stated that the carpenter had executed the work as part of business relationship with Interior Decorator.
I would be very grateful if you would please shed light on what relationship I had with the interior decorator as the owner of the house.
Thanks with regards.
From India, Delhi
Your reply has given me a lot of relief, thanks for this. Sir, the relationship between carpenter and interior decorator has stated that the carpenter had executed the work as part of business relationship with Interior Decorator.
I would be very grateful if you would please shed light on what relationship I had with the interior decorator as the owner of the house.
Thanks with regards.
From India, Delhi
Dear Naresh,
According to your post, the carpenter was working in your house through a contractor have not received his parents.
You have no connection with non-payment by the contractor to the carpenter. Since carpenter didn't receive his payment is coming to you for his payment. It may be contractor who may be provocating the carpenter to claim from you. Legally you are not liable to pay the carpenter because the carpenter engaged by the contractor. So contractor is the paymaster.
There is something fishy in the matter, you need to lodge a complaint in the police station in the name of both contractor and carpenter, for a better solution.
From India, Mumbai
According to your post, the carpenter was working in your house through a contractor have not received his parents.
You have no connection with non-payment by the contractor to the carpenter. Since carpenter didn't receive his payment is coming to you for his payment. It may be contractor who may be provocating the carpenter to claim from you. Legally you are not liable to pay the carpenter because the carpenter engaged by the contractor. So contractor is the paymaster.
There is something fishy in the matter, you need to lodge a complaint in the police station in the name of both contractor and carpenter, for a better solution.
From India, Mumbai
Hi, all honourable members,
In continuing my previous queries ,
At my residencial flat ,if a carpenter along with his helper does the woodwork according to the design given by the interior decorator ,whom I called for woodwork ,then whether the residential premise will become an organized sector or not as three persons are working at my residencial flat.
This is my advance preparation for handling the labour court case as I come to know that carpenter has gone to labour court.
Thanks with regards to all
From India, Delhi
In continuing my previous queries ,
At my residencial flat ,if a carpenter along with his helper does the woodwork according to the design given by the interior decorator ,whom I called for woodwork ,then whether the residential premise will become an organized sector or not as three persons are working at my residencial flat.
This is my advance preparation for handling the labour court case as I come to know that carpenter has gone to labour court.
Thanks with regards to all
From India, Delhi
Hi,
This looks very strange. You had hired the services of Interior Decorator. No contract was entered in writing. Money transaction was through Bank transfer. Interior Decorator acknowledged receipt of payment ( hope you had took some receipt ?) Carpenter is no way connected with you except that he had executed the work at your premises. Not sure whether Interior Decorator is executing the wood work as a Freelancer or own a Company with staff employed on regular basis. Even in that case Labour Court will direct the Interior Decorator to resolve the issue. As per my knowledge you will not face any issue hopefully. Most probably if summoned before officials you need to declare that you had settled the money with Interior Decorator as per the payment terms mutually agreed.
From India, Madras
This looks very strange. You had hired the services of Interior Decorator. No contract was entered in writing. Money transaction was through Bank transfer. Interior Decorator acknowledged receipt of payment ( hope you had took some receipt ?) Carpenter is no way connected with you except that he had executed the work at your premises. Not sure whether Interior Decorator is executing the wood work as a Freelancer or own a Company with staff employed on regular basis. Even in that case Labour Court will direct the Interior Decorator to resolve the issue. As per my knowledge you will not face any issue hopefully. Most probably if summoned before officials you need to declare that you had settled the money with Interior Decorator as per the payment terms mutually agreed.
From India, Madras
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