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HARSH BUNGER
Malkit Singh – Appellant
Versus
Presiding Officer, Industrial Tribunal, Bathinda – Respondent
| Table of Content |
|---|
| 1. petitioner claims wrongful termination of employment. (Para 1 , 2 , 3 , 4) |
| 2. issues framed for adjudication in the tribunal. (Para 5 , 6) |
| 3. discussion on the burden of proof regarding employment status. (Para 9) |
| 4. workman failed to prove employer-employee relationship. (Para 10 , 11 , 12 , 13 , 14) |
| 5. evidence appreciation in writ proceedings. (Para 15) |
| 6. writ petition dismissed; no interference with tribunal award. (Para 16) |
JUDGMENT
Mr. Harsh Bunger, J. (Oral)
Petitioner (Malkit Singh) has filed the instant writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari, for quashing the impugned Award dated 10.08.2023 (Annexure P-3) passed by respondent No.1; whereby, the reference has been decided against him.
2. Briefly, petitioner (Malkit Singh) has raised an industrial dispute, which was referred for adjudication to the learned Industrial Tribunal, Bathinda (here-in-after referred to as 'the Tribunal below') under Section 10 (1)(c) of the Industrial Disputes Act, 1947 (in short 'the 1947 Act').
3. In the claim petition, petitioner claimed that he served as Beldar with the respondents for one year on permane
The burden of proof lies on the workman to establish an employer-employee relationship, and failure to provide substantial evidence results in dismissal of claims under the Industrial Disputes Act, 1....
The court upheld that the burden of proving continuous service and employee-employer relationship lies with the workman, which was not met, leading to dismissal of the claim based on delay and lack o....
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 burden of proof for continuous service of 240 days rests on the workman, and mere self-serving statements are insufficient to establish this claim.
The main legal point established in the judgment is that the absence of specified terms of employment and the temporary nature of the arrangement can influence the determination of an employer-employ....
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