Appeal against Single Judge order declining interference in Labour Court award. Bench dismissed appeal, holding onus was on appellant to prove workman was contractor's employee, which they failed to discharge based on evidence of identity card.
Appeal dismissed with no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION LETTERS PATENT APPEAL NO. 195 OF 2009
IN
WRIT PETITION NO. 5998 OF 2007
Dorf Ketal Chamicals (I) Pvt. Ltd. .. Appellant Vs Sohan Kumar Zha & Anr. .. Respondents
Shri S.K. Talsania along with Ms Pallavi Dedhia i/by M/s. Sanjay Udeshi & Co. for the Appellant.
CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J DATED : 16TH NOVEMBER, 2009
P.C.
We have heard learned counsel appearing for the parties.
This appeal is directed against the order of the learned Single Judge
dated 29th February, 2008 vide which the learned Single Judge declined to interfere in the award passed by the Labour Court dated 26th February, 2007.
as well as the learned Single Judge have fallen in error of law in
appreciating the evidence on two grounds that the discharged
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worlman was not a workman and the Appellant was not his employer. There is no dispute of the fact that the workman had produced some photographs with the Managing Director of the appellant-Company. He had also produced identity card in the court duly issued to him. Now the argument is that he was an employee of the Contractor and not that of the Appellant Company. If that be so, it was upon the appellant to discharge the onus. We, therefore, see no reason to interfere in the impugned order. The Appeal accordingly stands dismissed with no order as to costs.
CHIEF JUSTICE
A.M.KHANWILKAR, J
1 issue framed by the court
Whether the Labour Court and Single Judge erred in law in appreciating the evidence that the discharged workman was not a workman and the Appellant was not his employer.
Dorf Ketal Chamicals (I) Pvt. Ltd.
Sohan Kumar Zha
Swaran Kumar
A.M. Khanwilkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
