Labour Court, Dwarka - Burden of proving employer & employee relationship is upon the worker and the said burden can be discharged only by leading cogent evidence

On 14 December 2018, Labour Court, Dwarka, passed an Award in LIR No. 1937/16, wherein it was held that the workers therein are not entitled to any relief.

Anuj Aggarwal, Advocate, appearing for M/s Frigorifico Allana Pvt. Ltd. (management), argued that the burden of proving the employer and employee relationship is upon the worker and the workmen, in the case, had not produced any document to prove that they were employees of the management.

Shri Lokesh Kumar Sharma, Addl. District & Sessions Judge, Presiding Officer, Labour Court – XIX, Dwarka Courts, Delhi, accepted the submission made by the counsel for the management and declared that there is no employer and employee relationship between the management and the workers and, therefore the workers are not entitled to any relief. Reference was, thus, answered in favour of the management.

http://advocateanujaggarwal.com/admin/img/Finalist/2018121615449508472018%20-%20Ved%20Prakash%20&%20Sanjay.pdf