https://www.taxtmi.com/caselaws?id=432121 An employer-employee relationship must be proved by primary material such as appointment records, wage slips, attendance records or other independent evidence. Here, the respondent failed to produce such proof, while the company produced bills, vouchers and tax deduction documents indicating consultancy payments, which the respondent admitted signing. The High Court found the Labour Court's inference of workman status unsupported and its adverse inference against the company erroneous and perverse. Because the foundational fact of employment was not established, the award of reinstatement, continuity of service and backwages could not be sustained and was set aside. en-us Fri, 05 Aug 2022 00:00:00 +0530 Thu, 29 Dec 2022 09:11:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=432121 An employer-employee relationship must be proved by primary material such as appointment records, wage slips, attendance records or other independent evidence. Here, the respondent failed to produce such proof, while the company produced bills, vouchers and tax deduction documents indicating consultancy payments, which the respondent admitted signing. The High Court found the Labour Court's inference of workman status unsupported and its adverse inference against the company erroneous and perverse. Because the foundational fact of employment was not established, the award of reinstatement, continuity of service and backwages could not be sustained and was set aside. Case-Laws Indian Laws Fri, 05 Aug 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=432121