DELHI HIGH COURT – THE ONUS OF PROVING THE RELATIONSHIP OF EMPLOYEE AND EMPLOYER LIES UPON THE WORKMAN

Delhi High Court

Date of Judgement: 20.09.2016

During the course of the hearing, the learned counsel for the workman/petitioner was asked to show if there is any document to prove that the petitioner was ever paid any monies by the respondent or any other document to prove that there was an employer–employee relationship between the workman/petitioner and the employer/respondent, but no affirmative answer has come forth. There is nothing on record to presume that such relationship ever existed.

The onus of proving the relationship of employee and employer between the petitioner and the respondent lies upon the petitioner workman, this onus has not been discharged by him.

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Advocate Amaresh Singh

Advocate Amaresh Singh is a lawyer practicing in Supreme Court of India, Delhi High Court and various District Courts including Saket Court, Tis Hazari Court, Karkardooma Court, Patiala House Court and Dwarka Court. (M) 9999678571

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