Back
T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
Weather Control – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Hiranmay Bhattacharyya, J. - This intra court appeal is at the instance of the writ petitioner and is directed against an order dated august 18, 2011 passed by a learned Single Judge in WP No. 20403 (W) of 2010. By the order impugned the learned Single Judge dismissed the writ petition upon holding that there is no illegality with the award passed by the learned Industrial Tribunal.
2. Respondent no. 9, claiming to be a workman, raised a dispute by a representation dated 17.05.1993 before the Labour Department, Government of West Bengal which was referred to the tribunal being Reference Case No. VIII-46/95 for adjudication of the issue whether termination of the respondent no. 9 is justified and the reliefs which he may be entitled to.
3. The respondent no. 9 in his written statement before the Tribunal stated that he joined M/s. Weather Control on 1st april, 1992 as a window/ room cooler mechanic but no formal appointment letter was issued to him. all of a sudden on March 17, 1993 while the respondent no. 9 attended his duty, the proprietor of M/s. Weather Control orally terminated his service without assigning any reason therefor. It was specifically stated that no chargesh
The burden of proof to establish an employer-employee relationship lies with the employee, and the court's interference in such disputes is limited to cases of perversity or lack of supporting eviden....
The burden of proving the employer-employee relationship lies on the workman, and the court cannot interfere with the Labour Court's findings unless they are perverse or based on no evidence.
The main legal point established in the judgment is the requirement to prove the contents of documents by primary evidence or secondary evidence under Sections 61 and 65 of the Evidence Act.
The burden of proving the existence of an employer-employee relationship lies upon the person who sets up the plea. Without such a relationship, the question of termination of service or payment of b....
The court affirmed that non-compliance with contractor licensing does not negate the employer-employee relationship, emphasizing control and direct employment evidence.
The court emphasized the importance of proving the existence of an employer-employee relationship and highlighted the limited jurisdiction of the court in examining the award passed by the Industrial....
The illegal refusal of employment by the management necessitated compensation for the workman, underscoring the employer's burden to prove any contrary claims.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
