( 1 ) HEARD Mr. C. U. Singh, the learned counsel for the appellants and Ms. Hutoxi tavadia the learned counsel for the respondent.

( 2 ) THE appellants have preferred this appeal being aggrieved by the Order dated June 21, 2004. By the said order the learned single judge set aside the order of the Industrial Court dated January 31, 2004 and held that the present appellants shall have to discharge the burden of establishing their objection to the jurisdiction of the Industrial Court to hear the complaint.

( 3 ) MR. C. U. Singh, learned counsel for the appellants submitted that the relationship of an employee and employer has to be established by the party who asserts it. That the respondent filed the complaint asserting that he was employee of the present appellants, the burden of proof was on the respondent to establish that he was an employee of the present appellants. He placed reliance upon the following judgments: 1) Mukesh K. Tripathi v. Sr. Divisional manager, LIC and Ors. AIR 2004 SC 4179 : 2004-III-LLJ-740. 2) Workmen of Nilgiri Co-op. Marketing society Ltd. v. State of Tamil Nadu and Ors. AIR 2004 SC 1639 : 2004 (3) SCC 514 : 2004-II-LLJ-253. 3) Range Forest Office