THYROCARE TECHNOLOGIES LIMITED Vs. MOHIT

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 30(1)(a) of the Employee's Compensation Act, 1923 seeking quashing of the order dtd. 23/1/2025 in case no. ECI/175/ND/2022/109. Vide the aforesaid order, the appellant was held liable to pay injury compensation of Rs.20,16,000.00 to the claimant along with interest @ 12% per annum with effect from 29/7/2022 till its realisation. Vide the order dtd. 12/3/2025, this Court had directed that the amount lying deposited with the learned Commissioner under the Employee's Compensation Act not be released to the claimant/respondent no. 1.

(2.) Succinctly, respondent no. 1 filed his claim application for injury compensation under Sec. 22 of the Employee's Compensation Act, 1923 ("the Act"), claiming that he had met with an accident arising out of and in the course of his employment with the appellant.

(3.) Learned counsel for the appellant contended that the claimant had failed to establish that there existed an employer-employee relation between the parties; and without prejudice to the above, had also failed to establish that the accident in question had arisen out of and in the course of such employment. Insofar as the first contention is concerned, it is stated that the initial burden was on respondent no. 1, which he failed to discharge, as no documentary evidence proving his employment was placed on record. Only a photocopy of his ID card was filed along with the claim application, which in no way establishes that respondent no. 1 was employed by the appellant.