SHANTI SALES CORPORATION Vs. MOHAMMAD HASAN

JUDGEMENT

(1.) There is absolutely no evidence led before the Workmen's Commissioner on behalf of the Respondent to show as to how the Respondent claims relationship of employer and employee with that of the Appellant management. The D.D. Entry on which reliance has been placed was lodged by the persons who never came to the witness box. The witnesses who have appeared deposed that the accident took place on 5.6.2004, whereas according to the case of Respondent the accident took place on 9.6.2004 Thus, there is a material contradiction.

(2.) In any event, when there is no evidence available on record directly or indirectly which may connect the Respondent with the Appellant, the Respondent cannot fasten a liability under the Workmen's Compensation Act against the Appellant. Moreover, in this case the Respondent submits that he was working as Palledar with the Appellant for 25 years but has not filed even an iota of evidence to prove that relationship.

(3.) According to the Appellant, the onus to prove the relationship is always upon the workman so as to establish the relationship of employer and employee for establishing the cause of action for claiming compensation in case of suffering with any injury during the course of or out of employment, which has not been done. Reference has been made to the following judgments: