Labour Law

Industrial Disputes Act, 1947

— Ss. 10, 2(k) & (s) — Reference — Maintainability — Employer-employee relationship — Onus to prove — On whom lay — ``Workman'' — Scope — Retainer (contractual worker), if on facts covered — High Court while accepting that the onus of proof lay on the persons claiming to be workmen, erred in holding that since such a preliminary issue was raised by the employer, the onus shifted to the employer — On facts, Industrial Tribunal rightly held that between the employer Company and the ``retainers'' engaged by it, employer-employee relationship did not exist — Hence, reference of the dispute raised by such retainers to claim regularisation and other demands rightly rejected by the Tribunal as not maintainable, (2006) 7 SCC 330