ANNAMALAI Vs. CHINNAPILLAI

JUDGEMENT

(1.) THIS appeal is filed under Section 30 of the Workmen Compensation Act against the award of the learned Commissioner for Workmen's Compensation No.II, Chennai 600 006 made in W.C.No.37/1999 dated 29.1.2000.

(2.) WHEN the matter came up for admission, this appeal was admitted on the following questions of law. (1) Whether the learned Commissioner is justified in fixing the burden of proof on the opposite party which is contrary to the well settled proposition of law as confirmed in 1973-1-LLJ Page 387 at 406 Allahabad Full Bench? (2) Whether the learned Commissioner is correct in holding that the claimant is an employee of the opposite parties based on Ex.A.6 alone without any corroboration?

(3.) THE learned counsel for the appellant submitted that the Commissioner was wrong in holding that the first respondent/ claimant was an employee of the appellant and vehemently contended that there is no employer and employee relationship and hence THE appellant is not liable to pay any compensation. He further contended that the compensation awarded by the Commissioner is without basis and justification. THErefore, the order passed by the Commissioner is not in accordance with law and the same is liable to be set aside.