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Showing contexts for: apprentice a workman in Pustak Mahal Publishers vs Hardwari Lal Sharma on 6 August, 2012Matching Fragments
7. Before adverting to the issue whether the Petitioner has placed sufficient evidence on record to show that the Respondent was not a workman, it is necessary to advert to the issue whether the onus to prove that the Respondent was not a workman lay on the Petitioner or not. In Mukesh K. Tripathi Vs. Senior Divisional Manager LIC & Ors. 2004 LLR 993 a three Judge Bench of the Hon'ble Supreme Court held:
37. In case any person raises a contention that his status has been changed from apprentice to a workman, he must plead and prove the requisite facts. In absence of any pleading or proof that either by novation of the contract or by reason of the conduct of the parties, such a change has been brought about, an apprentice cannot be held to be workman.