employer could demolish the case of the workman on the basis of evidence tendered by the workman himself, Page 1307 the employer would ... assumption may be factually incorrect. Therefore, should the evidence of the workman (tested by cross-examination and not merely an affidavit) be adequate to inspire
work, he did not fit
into the definition of "workman". The crucial test in
the present case would be, as to whether ... said that he was not a 'workman'. The test of
primary or basic or dominant nature of duties was
applied in the said
Industrial Disputes Act,
will be the true test to find out the status as a
workman.
[2] Mukand Ltd. Vs. Mukand Staff & Officers ... Proposition :-
Onus to prove that the claimant is a workman
and to prove the test to satisfy all essential
ingredients lies on one who claims
case of Respondent No. 2. The workmen must satisfy the test of having completed 240 days of actual work in each year of service before ... workman "rendering service". If the workmen is on the rolls of a company, the question of him having to satisfy the test
award made by the Labour Court will have to be tested on the touchstone of the principles enunciated by the Supreme Court in the Hind ... shockingly disproportionate regard being had to the particular conduct of the workman, the test was that no reasonable employer would ever impose such punishment
laid down that the true test is : that where the workmen are engaged to produce goods or services for the business of another ... were paid to the workmen in their presence. In the above circumstance, the workmen have certainly discharged their burden. The workmen have also prove
behalf of the Board, however, that these are not decisive tests, but the real test was to ascertain whether the business which was transferred ... possible to accept the contentions made on behalf of the workmen that the two tests, namely, of continuity and the transfer of a substantial part
present case, it would be apparent that the workmen were permanent workmen of the Company. He then relied upon the judgment of the Apex Court ... fact situation obtaining therein. Emphasis on application of control test and organization test have been laid keeping in view the question as to whether
Supreme Court in Hindi Construction and Engineering Company Ltd. v. Their Workmen 1965 I LLJ 462 and that of our High Court in Sarabhai ... shockingly disproportionate, regard being had to the particular conduct of the workmen, the test being that no reasonable employer would ever impose such punishment
simpliciter. Irrespective of the wages paid, the test to determine whether a person is a workman or not is laid down by the Supreme Court ... definition of the expression workman clearly shows that the person concerned would not cease to be a workman if he performs some supervisory duties
