Case Law Details Case Name : Kaushal Kishor Singh Vs Sita Kuoni World Travel India Ltd. (Delhi High Court) Appeal Number : W.P.(C) 11631/2018 Date of Judgement/Order : 01/09/2022 Related Assessment Year : Courts

The law is well settled that the burden of proving the relationship of employer and employee lies on the workman.

The inference regarding this relationship has to be inferred from facts and circumstances in each case and no general view can be taken in such matters. In the present case the award is well-reasoned and has been passed after duly considering and evaluating the evidence placed on record.

Ld. Labour Court has rightly appreciated that the workman has failed to establish the relationship of employer-employee with the management.

A bare perusal of the documents filed as evidence on behalf of the petitioner workman, which includes the various emails and the Forms under 16A, do not, in any way, prove that there existed any relationship of employer “employee between the parties. The emails show mere  correspondence and the Form 16A categorically reflects that TDS was deducted by the Management in respect of payments made to the petitioner under the head of payments made to contractors and sub-contractors”, thereby disqualifying the petitioner to fall within the definition of workman as enumerated under Section 2(s) of ID Act.