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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Kamal Singh – Appellant
Versus
Partners, M/s Universal Electric Engineers – Respondent
Reference of the petitioner moved under Section 10(1) of the Industrial Disputes Act, 1947 has been decided against him by the learned Presiding Judge, Labour Court-cum-Industrial Tribunal, Kangra at Dharamshala on 15.01.2025 primarily on the ground that the petitioner failed to discharge burden of proving employer-employee relationship between him and respondent No.2, against whom the case was set up. Feeling aggrieved, petitioner has laid challenge to the aforesaid award in this writ petition.
2. Heard and considered the case file.
3. The case:-
3(i). Following reference was sent by the Appropriate Government for adjudication by the learned Labour Court:-
“Whether termination of services of Shri Kamal Singh S/O Shri Hari Singh, R/O Village Jadour, P.O. Tarsuh, Tehsil Shri Naina Deviji, District Bilaspur, H.P. w.e.f. 01-07-2012 by (i) the Partners, M/S Universal Electric Engineers, Dalhousie Road Pathankot, Punjab (Contractor) and (ii) the Executive Engineer, Changer Area Lift Irrigation Project Division Bassi, District Bilaspur, H.P. (Principal Employer), without complying with the provisions of the Industrial Disputes Act, 1947, is legal and justified?
Claimant bears burden to prove employer-employee relationship in industrial disputes using control, integration, and multifactor tests; self-serving statements insufficient absent corroboration, espe....
The claimant must prove the existence of an employer-employee relationship to succeed in disputes under the Industrial Disputes Act, 1947.
The court established that for an employer-employee relationship to exist, there must be direct control and supervision over the workers, which was absent in this case.
A judgment contrary to the evidence or without evidence is perverse. Concession of counsel on such facts and law does not bind the party.Master-servant relationship.
The absence of a formal appointment letter does not negate the existence of an employer-employee relationship, and termination without compliance with legal requirements is deemed illegal.
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 court established that without clear evidence of direct employment, claims of an employer-employee relationship under contract labour provisions cannot succeed.
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....
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