Initial burden is on the employee to establish that he was employed by the principal employer and enjoyed employer-employee relationship. His bald statement to this effect will not be sufficient. - THE EMPLOYEES COMPENSATION ACT, 1923
Initial burden to prove relationship of employer-employee is upon employee. Initial burden is to proved on basic of certain reliable or cogent documents and not only by bald statement. A plea not taken at the initial stage upto filing of claim statement with the Industrial Adjudicator; would not be sustainable later on before the High Court in writ petition. Non – impleading of contractor, neither would prove relationship of employer-employee of the employee with principal employer nor the workman will be barred later on to raise any dispute against the contractor. Employees engages through contractor can’t seek any relief from the principal employer.
-Rakesh Sharma vs. Indian Oil Corporation and Another. 2019
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