A carpenter did the woodwork in my residential 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 the decorator. In such a situation, does any labor act apply to me? Is the Payment of Wages Act or any other Act like contract labor applicable to me?
With regards,
Naresh
From India, Delhi
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The carpenter has done the work through the decorator. In such a situation, does any labor act apply to me? Is the Payment of Wages Act or any other Act like contract labor applicable to me?
With regards,
Naresh
From India, Delhi
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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 the carpenter has 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 the volume of the transaction is in lakhs, I hope you have released payment to the interior decorator through a bank, which will stand as evidence for the payment made. The question of principal employer vs. subcontractor relationship does not arise here, as these are domestic works.
From India, Madras
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1153The work is carried out for your residence (Apartment) and not for a company. You had assigned the contract to the interior decorator, and hence the carpenter has 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 the volume of the transaction is in lakhs, I hope you have released payment to the interior decorator through a bank, which will stand as evidence for the payment made. The question of principal employer vs. subcontractor relationship does not arise here, as these are domestic works.
From India, Madras
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Honourable Lakshmi Narayanan ji, first of all, I would like to thank you for providing advice on my query.
I have not entered into a written contract with the interior decorator. There was woodwork done, along with materials amounting to Rs 2.5 lakh, by the interior decorator at my residence. Full payment for this has been made through the bank, and the interior decorator acknowledges receiving the full and final payment from me.
I would like to correct my previous statement regarding the payment situation. The dispute lies between the carpenter and the interior decorator regarding the outstanding amount. The carpenter claims one amount has been paid, while the interior decorator states another.
I have asked the interior decorator to resolve this issue and release the payment to the carpenter. I have also informed the carpenter politely that I did not hire them directly; it was the interior decorator who engaged their services. Therefore, any payment discussions should be with the interior decorator.
The carpenter has mentioned that if the interior decorator does not make the payment, then as the homeowner where the work was carried out (you), I would be responsible for the payment. The carpenter demands payment from the interior decorator or myself; otherwise, they threaten to take the matter to the labor court.
What would be the best course of action in this situation?
Thanks and regards.
From India, Delhi
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I have not entered into a written contract with the interior decorator. There was woodwork done, along with materials amounting to Rs 2.5 lakh, by the interior decorator at my residence. Full payment for this has been made through the bank, and the interior decorator acknowledges receiving the full and final payment from me.
I would like to correct my previous statement regarding the payment situation. The dispute lies between the carpenter and the interior decorator regarding the outstanding amount. The carpenter claims one amount has been paid, while the interior decorator states another.
I have asked the interior decorator to resolve this issue and release the payment to the carpenter. I have also informed the carpenter politely that I did not hire them directly; it was the interior decorator who engaged their services. Therefore, any payment discussions should be with the interior decorator.
The carpenter has mentioned that if the interior decorator does not make the payment, then as the homeowner where the work was carried out (you), I would be responsible for the payment. The carpenter demands payment from the interior decorator or myself; otherwise, they threaten to take the matter to the labor court.
What would be the best course of action in this situation?
Thanks and regards.
From India, Delhi
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Hi,
Got it. Strictly speaking, the Interior Decorator should be the one to resolve this issue as the Carpenter is not directly connected to you. The Carpenter only performed the work as part of a business relationship with the Interior Decorator.
From India, Madras
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Got it. Strictly speaking, the Interior Decorator should be the one to resolve this issue as the Carpenter is not directly connected to you. The Carpenter only performed the work as part of a business relationship with the Interior Decorator.
From India, Madras
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Sir, thank you for your prompt reply. Your response has brought me a great deal of relief, and for that, I am grateful. The relationship between the carpenter and the interior decorator has been clarified, indicating that the carpenter performed the work as part of a business relationship with the interior decorator. I would greatly appreciate it if you could shed light on the nature of the relationship I, as the homeowner, had with the interior decorator. Thank you and regards.
From India, Delhi
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From India, Delhi
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Dear Naresh,
According to your post, the carpenter was working in your house through a contractor but has not received his payment. You have no connection with the non-payment by the contractor to the carpenter. Since the carpenter didn't receive his payment, he is coming to you for his payment. It may be the contractor who is provoking the carpenter to claim payment from you. Legally, you are not liable to pay the carpenter because the carpenter was engaged by the contractor, making the contractor the paymaster.
There is something fishy in this matter, and you need to lodge a complaint at the police station against both the contractor and the carpenter for a better solution.
From India, Mumbai
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According to your post, the carpenter was working in your house through a contractor but has not received his payment. You have no connection with the non-payment by the contractor to the carpenter. Since the carpenter didn't receive his payment, he is coming to you for his payment. It may be the contractor who is provoking the carpenter to claim payment from you. Legally, you are not liable to pay the carpenter because the carpenter was engaged by the contractor, making the contractor the paymaster.
There is something fishy in this matter, and you need to lodge a complaint at the police station against both the contractor and the carpenter for a better solution.
From India, Mumbai
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Hi, all honorable members,
In continuing my previous queries,
At my residential 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 residential flat.
This is my advance preparation for handling the labor court case as I have come to know that the carpenter has gone to labor court.
Thanks with regards to all
From India, Delhi
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In continuing my previous queries,
At my residential 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 residential flat.
This is my advance preparation for handling the labor court case as I have come to know that the carpenter has gone to labor court.
Thanks with regards to all
From India, Delhi
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Hi,
This looks very strange. You had hired the services of an Interior Decorator. No contract was entered in writing. The money transaction was through a bank transfer. The Interior Decorator acknowledged receipt of payment (hope you had taken some receipt?). The carpenter is in no way connected with you, except that he had executed the work at your premises. I am not sure whether the Interior Decorator is executing the woodwork as a freelancer or owns a company with staff employed on a regular basis. Even in that case, the Labour Court will direct the Interior Decorator to resolve the issue. As per my knowledge, you will not face any issues, hopefully. Most probably, if summoned before officials, you need to declare that you had settled the money with the Interior Decorator as per the payment terms mutually agreed.
From India, Madras
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This looks very strange. You had hired the services of an Interior Decorator. No contract was entered in writing. The money transaction was through a bank transfer. The Interior Decorator acknowledged receipt of payment (hope you had taken some receipt?). The carpenter is in no way connected with you, except that he had executed the work at your premises. I am not sure whether the Interior Decorator is executing the woodwork as a freelancer or owns a company with staff employed on a regular basis. Even in that case, the Labour Court will direct the Interior Decorator to resolve the issue. As per my knowledge, you will not face any issues, hopefully. Most probably, if summoned before officials, you need to declare that you had settled the money with the Interior Decorator as per the payment terms mutually agreed.
From India, Madras
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