relationship an adverse inference cannot be drawn against the employer that if he were to produce books of accounts they would have proved employer-employee ... contract of service between the employer and the employee where-under the employee agrees to serve the employer subject to his control and supervision. Employment
real employer of the workmen. It was alleged that the appellant company denied the relationship of employer and employee but that such denial of relationship ... complaint is filed, the moment the employer repudiates or denies the relationship of employer and employee, the Court will not have any jurisdiction. On that
hallmarks of the employer-employee
relationship, observed that an employee works under the supervision and
direction of his employer, whereas an independent contractor ... concept of control in an employer-employee relationship,
observed as follows:
“15. In determining the relationship of employer and employee, no doubt,
“control
complaint is filed either by the employer or the employee and where such employer-employee relationship between the parties exists or had been in existence ... existence of employer-employees relationship between the parties, there is no bar for adjudication of the issue of employer-employee relationship by the Court competent
assessee went to the extent of urging that
there is no employer-employee relationship when doctors
were paid fixed remuneration. The assessee then accepted ... these circumstances, though the assertion
was that there was no employer-employee relationship that
could not be proved by the assessee.
16) The Commissioner
frame proper issue in the matter where the employer has disputed the employer-employee relationship, on the premise that it cannot be held that ... Court under MRTU and PULP Act 1971 where the employer merely denies the employer-employee relationship with a workman and if this contention
relief to protect their services. The appellant-employer filed reply and denied relationship of employer and employee. Industrial Court after hearing parties ... relationship by employer. The inquiry by Labour or Industrial Court will be only to find out whether relationship of employer and employee is indisputable
employer-employee relationship is undisputed or indisputable then the complaint under MRTU & PULP Act is maintainable.
12. Conversely when the relationship of employer-employee ... jurisdiction to adjudicate the employer-employe relationship nor there is anything like prima facie consideration of relationship of employer-employe in the complaint under
Shri Cama that the moment the principal employer whispers an objection in respect of employer employee relationship, the complaint should be dismissed at the threshold ... threshold on the whisper of the employer that there was no employer employee relationship. In this respect the observations of the Supreme Court
contractor, the principal employer is deemed to run the canteen and that there is employer and employee relationship between the principal employer and the canteen ... Contract Labour Act), a principal employer is deemed to run the canteen and that there is employer-employee relationship between the principal employer
