EMPLOYEES IN RELATION TO MANAGEMENT OF MURULIDIH COLLIERY UNDER MOHUDA AREA OF BCCL Vs. PRESIDING OFFICER, CENTRAL GOVT.INDUSTRIAL TRIBUNAL (NO.2), BCCL

JUDGEMENT

(1.) THE petitioner -Management of Murulidih Colliery of M/s. Bharat Coking Coal Limited (BCCL for short) has challenged the award dated 6th January, 1994 passed by the Presiding Officer, Central Government Industrial Tribunal (No. 2), Dhanbad in Reference Case No. 13/89.

(2.) THE Presiding Officer held that the concerned workmen were transferred from Bhatdih colliery to Murulidih colliery vide office order dated 1st August, 1969 but were not allowed to join their duty and they are entitled for reinstatement and directed the Management, accordingly.

(3.) IT is settled law that the burden of proof is on the person (say plaintiff), who claims a particular fact or incidence. It is not for the other side (say defendant) to dis -proof the claim of such claimant. It is for the workmen to establish the employer -employee relationship. An adverse inference cannot be drawn against the employer on the ground that the employer has not produced evidences to prove employer -employee relationship. In this context, one may also refer the decision of the Kerala High Court in N.C. John v. T.T.S. and C.E. Workers Union, reported in 1973 LIC 398.